Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51759 of 2022 Arising Out of PS. Case No.-72 Year-2020 Thana- ROH District- Nawada ====================================================== SUDHIR YADAV S/O KANCHAN DEVI Resident of village- Samraitha, P.S.- Roh, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. Petitioner seeks regular bail in connection with Roh P.S. Case No. 72 / 2020 registered under Section 341, 323, 504, 307, 302, 34 of the I.P.C.

As per the F.I.R. the co-accused / Sakindra Yadav and Dinesh Yadav arrived at the house of the informant and demanded a sum of Rs. 2000/- from the father of the informant by way of his contribution in the case they are fighting against others. When the informant's father expressed his inability, the accused persons assaulted and abused his father and when the informant and other family members intervened, in the meanwhile, petitioner along

Patna High Court CR. MISC. No.51759 of 2022(2) dt.09-12-2022 2/3 with other accused persons came at the place of occurrence armed with lathi, danda, iron rod etc. and started assaulting the father of the informant indiscriminately due to which he died in hospital.

Learned counsel for the petitioner submits that both the parties are agnates, there is general and omnibus allegation against all the accused persons of indiscriminately assaulting the father of the informant. Postmortem report reveals that only one external injury was there on the person of the deceased and the cause of death is due to head injury caused by hard blunt substance. The petitioner is having no criminal antecedent and he is in custody since 27.06.2022.

Regard being had to the submissions made by the parties, taking into consideration the fact that both the parties are agnates, allegation against the petitioner is general and omnibus in nature, petitioner is in custody 27.06.2022 and charge sheet has already been submitted, and as such, I am inclined to grant regular bail to the petitioner after framing of charge.

Let the petitioner, above named, be released on

Patna High Court CR. MISC. No.51759 of 2022(2) dt.09-12-2022 3/3 regular bail after framing of charge on furnishing bail bond of Rs. 25000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Nawada in connection with Roh P.S. Case No. 72 / 2020.

(Anil Kumar Sinha, J) praful/- U T