Patna High CourtCR. MISC./48935/2017bail granted

Dinesh Yadav v. The State Of Bihar

2017-10-17Mr. Justice S. Kumar2 pages

Patna High Court Cr.Misc. No.48935 of 2017 (2) dt.17-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48935 of 2017 Arising Out of PS.Case No. -193 Year- 2016 Thana -KHAIRA District- JAMUI ====================================================== Dinesh Yadav, Son of Darogi Yadav, Resident of Village Tetaryatand P.S. Khaira, District Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kartik Kumar Sinha For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks regular bail in connection with Khaira Police Station Case No. 193 of 2016 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 326, 307, 504, 506 and section 302 of the Indian Penal Code.

There are specific allegation against the other coaccused persons that they assaulted with deadly weapons on the brother of the informant and on account of assault he sustained injury and thereafter Mahesh Yadav died in course of treatment in the PMCH. There is no specific allegation against petitioner of assaulting Mahesh Yadav. Allegation is of general nature.

Patna High Court Cr.Misc. No.48935 of 2017 (2) dt.17-10-2017 Learned counsel for the petitioner submits that there are general and omnibus allegation against the petitioner and no specific overt act has been attributed against the petitioner. There is specific allegation against petitioner of assault on informant and as per injury report of informant, it appears simple in nature. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 24.05.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 193 of 2016.

(S. Kumar, J) veena/- U T