Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67296 of 2021 Arising Out of PS. Case No.-39 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== BECHAN YADAV Son of Late Kailu Yadav Resident of Village - Mirhatti, P.S.- Sultanganj, District - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 27.03.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that on 19.02.2021, at about 07:00 p.m., on the occasion of idol immersion, the accused petitioner and other accused persons named in the FIR assaulted the husband of the informant, namely, Sudhir Mandal on account of which he died.

Patna High Court CR. MISC. No.67296 of 2021(2) dt.19-04-2022 2/2 Learned counsel for the petitioner submits that though the petitioner is named in the FIR but there is no specific allegation of assault against him. The allegation of assault is general and omnibus in nature. Further, it is submitted that informant is not an eyewitness to the occurrence and similarly situated co-accused Gautam Yadav has been granted bail by order dated 12.08.2021 in Cr. Misc. No. 30157 of 2021. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 27.03.2021, is a person with clean antecedent, chargesheet has been submitted and co-accused has been granted bail, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sultanganj P.S. Case No. 39 of 2021.

(Satyavrat Verma, J) Kundan/- U T