Chando Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61653 of 2021 Arising Out of PS. Case No.-126 Year-2021 Thana- SIRDALA District- Nawada ====================================================== CHANDO YADAV S/o Jehal Yadav Resident of Village - Mandal, P.S. - Sirdalla, 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.Anil Kumar Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-02-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other Sections of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons assaulted Raushan Kumar with Lathi on his head as a result of which he died during the course of treatment.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. There is general and omnibus allegation against this petitioner and other accused persons. There was no intention to

Patna High Court CR. MISC. No.61653 of 2021(2) dt.15-02-2022 2/2 commit such offence rather some altercation took place between the parties on account of Holika Dahan in which Raushan Kumar sustained injuries and died. Petitioner claims clean antecedent and is in custody since 10.08.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that there is direct and specific allegation against this petitioner that he along with other accused persons assaulted he deceased with Lathi as a result of which he died during the course of treatment. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T