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Patna High CourtCR. APP (SJ)/2728/2017disposed

Mritunjay Yadav v. The State Of Bihar

2017-09-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2728 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -DEOKUND District- AURANGABAD ====================================================== Mritunjay Yadav, son of Dudheshwar Yadav, resident of village Aandhi Bigha, P.S. Deokund, District Aurangabad .... .... Appellant

Versus

The State of Bihar .... .... Respondent ====================================================== Appearance :

For the Appellant/s : Mr. Lakshmi Kant Sharma For the Respondent/s : Mr. Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2017 Heard learned counsel for the appellant and learned Special P.P. for the State.

This appeal has been filed for grant of bail in connection with Deokund P.S.Case No. 22 of 2016, G.R.No. 146 of 2017, registered for the offences punishable under Sections 302, 326, 504, 506, 120B/34 of the Indian Penal Code, 27 of the Arms Act and 3(i)(v), 3(s)/3(2)(v) of SC/ST Act and for setting aside the order dated 17.8.2017 passed by Special Judge, Aurangabad. Submission of learned counsel for the appellant is that there is general and omnibus allegation against all the accused persons and nothing specific has been attributed against the appellant. Further submission is that other co-accused have been granted bail by this Court in Cr.Appeal(SJ) No. 1027 of 2017, vide order dated 23.6.2017 and in Cr.Appeal (SJ) No. 1014 of 2017,

Patna High Court CR. APP (SJ) No.2728 of 2017 (2) dt.19-09-2017 2/2 vide order dated 5.7.2017.

Learned Special P.P. has opposed the prayer for bail. Having heard both sides and in view of facts and circumstances, the appeal is disposed of with a direction to the court below that once charge sheet has been submitted, the appellant shall be released on bail by the court below to its own satisfaction, if bail application is filed on behalf of appellant. (Vinod Kumar Sinha, J) spal/- U