Munni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66862 of 2021 Arising Out of PS. Case No.-397 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== Munni Yadav, Son Of Late Mahavir Yadav Resident Of Village - Sonawan, P.S. - Islampur, District - Nalanda.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Prakritita Sharma Mr. Krishna Chandra For the Opposite Party/s :

Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 06.08.2021, charge-sheet has been submitted in the case and has antecedent of two cases. The learned counsel for the petitioner submits that the informant alleges that he was assaulted by Azad Alam by iron rod and petitioner also assaulted on his head causing 2-3 injuries. Other named accused persons also assaulted his

Patna High Court CR. MISC. No.66862 of 2021(2) dt.09-05-2022 2/3 brother, mother and nephew as detailed in the F.I.R. The learned counsel for the petitioner submits that there is specific allegation of assault against Azad Alam on the head of the informant by iron rod. As far as this petitioner is concerned, though there is allegation of assault, but the F.I.R. is completely silent with respect that by what weapon the informant was assaulted by the petitioner. It is thus submitted that in the nature of allegation against the petitioner, it appears that the allegations are general and omnibus. It is further submitted that from perusal of the injury report, it would manifest that the informant has received six injuries, two on the head, two on the back and two on the hands. It is further submitted that the grievous injury is on the non-vital part of the body that is the hand.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

Patna High Court CR. MISC. No.66862 of 2021(2) dt.09-05-2022 3/3 like amount each to the satisfaction of learned Court below where the case is pending in connection with Islampur P. S. Case No.397 of 2021, subject to condition that one of the bailors shall be the son of the petitioner namely, Shrikant Kumar. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T