Janeshwar Yadav @ Janeshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4876 of 2018 Arising Out of PS.Case No. -13 Year- 2017 Thana -PAWNA District- BHOJPUR ====================================================== Janeshwar Yadav @ Janeshwar Singh S/o Late Vishwanath Yadav, R/o Village- Khopira (Pali Dhibar), P.S.- Pawna, District- Bhojpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2, 02-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Pawna P.S. Case No. 13/2017 registered for the offence punishable under Sections 147, 148, 149, 323, 337, 379 and 302 of the Indian Penal Code.

Learned counsel for the petitioner submits that from perusal of the F.I.R. itself it will appear that the allegation against the petitioner is that of giving order to the co-accused to kill the father of the informant. There is no allegation that this petitioner had committed any assault or an overt act causing death to the father of the informant. He has further submitted that one of the co-accused

Patna High Court Cr.Misc. No.4876 of 2018 (2) dt.02-02-2018 Mukesh Yadav against whom there was allegation of assault has been granted regular bail by a co-ordinate Bench of this Court considering the fact that the injury found on the body of the deceased was only one injury. Learned Additional Public Prosecutor for the State opposes the prayer for bail of the petitioner. Considering the facts and circumstances that this petitioner is a co-villager and a dispute allegedly arose because of some land dispute in which the alleged occurrence took place but there is no specific allegation of assault against this petitioner, I am inclined to grant regular bail to the petitioner, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Pawna P.S. Case No. 13/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J.) Rajeev/- U T