Debu Yadav @ Lal Moahan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5027 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- BARHAT District- Jamui ====================================================== DEBU YADAV @ LAL MOAHAN YADAV SON OF SRI GAJO YADAV RESIDENT OF VILLAGE-KHAIRMA,P.S-JAMUI,DISTRICT-JAMUI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2021 This matter is taken up for consideration through Video Conferencing.
Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in Barhat P.S. Case no. 16/2020 registered for the offence punishable under sections 364, 364A, 302 and 201/34 of the Indian Penal Code. As per prosecution case, this petitioner along with three FIR named accused persons assaulted the deceased with stone as a result of which he died.
It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case and there is no eye witness to the occurrence. It is further submitted that general and omnibus allegation has been levelled and no overt-act has been alleged against this petitioner. It is also submitted that
Patna High Court CR. MISC. No.5027 of 2021(5) dt.24-07-2021 2/2 cause of death has not been ascertained and viscera has been preserved. Petitioner is in custody since 25.01.2020. However, learned counsel for the State opposed the prayer for bail and submitted that there is specific allegation of assault against this petitioner which has been supported by post mortem report where doctor has found multiple injuries on body of the deceased.
Considering the rival submissions and materials on record nature of allegation and gravity of offence, this bail application is rejected.
(Prabhat Kumar Singh, J) s.hassan/- U T