Bhuali Yadav @ Tribhuwan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47620 of 2023 Arising Out of PS. Case No.-915 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Bhuali Yadav @ Tribhuwan Yadav, S/O Medhi Yadav, R/O VillageManikpur, P.S and District. Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Setu Prateek, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-08-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. Petitioner seeks regular bail in connection with Gopalganj (Town) P.S. Case No. 915 of 2022 dated 07.11.2022 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307, 325, 504, 506 and 302 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioner are that the FIR has been registered against 12 accused persons including the petitioner, the FIR was initially registered under Section 307 and other sections of the Indian Penal Code and later on Section 302 of the IPC was
Patna High Court CR. MISC. No.47620 of 2023(2) dt.01-08-2023 2/3 added and informant's brother is stated to be the deceased but any specific role of the petitioner in assaulting the deceased has not been revealed in the FIR and the allegation concerned to him is general and omnibus. Further submissions are that coaccused Alagu Yadav, who allegedly assaulted at the head of the informant by means of farsa, has been granted bail by a coordinate bench of this court vide order passed in Cr. Misc. No. 2899 of 2023 and Suresh Yadav carrying similar nature of allegation like this petitioner has also been granted bail by the same order. Further submissions are that the petitioner has fair and clean antecedent and has been languishing in jail since 18.05.2023 and against him, the investigation has been completed.
4. Learned APP appearing for the State opposes the bail prayer.
5. Considering the above submissions and mainly taking into account the circumstances pointed out by the petitioner's counsel which go in favour of the petitioner's prayer, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail in connection with Gopalganj (Town) P.S. Case No. 915 of 2022 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
Patna High Court CR. MISC. No.47620 of 2023(2) dt.01-08-2023 3/3 two sureties of the like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J) Rajiv/- U T