Munarik Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57664 of 2023 Arising Out of PS. Case No.-41 Year-2023 Thana- IMAMGANJ District- Gaya ====================================================== 1.
Munarik Yadav Son Of Dashrath Yadav Village- Fatehpur, Ps- Immamganj, Dist- Gaya 2.
Mukesh Yadav Son Of Munarik Yadav Village- Fatehpur, Ps- Immamganj, Dist- Gaya 3.
Rakash Yadav @ Rakesh Kumar Son Of Munarik Yadav Village- Fatehpur, Ps- Immamganj, Dist- Gaya 4.
Malti Devi Wife Of Munarik Yadav Village- Fatehpur, Ps- Immamganj, Dist- Gaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 342, 379, 307, 504, 506 of the Indian Penal Code and later on Section 302 of the IPC was added.
3. Petitioners and other accused persons are said to have brutally assaulted the father of the informant due to which he became unconscious and fell down on the ground.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case only on the basis of suspicion. He submits that there is no specific overt act against the petitioners. He submits that
Patna High Court CR. MISC. No.57664 of 2023(4) dt.05-03-2024 2/2 there is general and omnibus allegation levelled against the petitioners. He submits that real truth of the case is that the deceased had fallen on the hard surface causing internal injury on his brain, resulting he died during course of treatment. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Imamganj P.S. Case No. 41 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
devendra/- (Anjani Kumar Sharan, J) U T