Munni Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55701 of 2022 Arising Out of PS. Case No.-8 Year-2022 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Munni Lal Yadav S/O Late Ramotar Yadav R/V- Asharhi (Laxmipur), P.S.- Muffasil, Distt- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Advocate For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-02-2023 Heard learned counsel for the petitioner, learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 307 and 302 of the Indian Penal Code.

According to prosecution case, all the accused persons including the petitioner assaulted the husband of the informant till his death. It is further alleged that the petitioner has given a garasa blow on the head of the husband of the informant due to which injury got caused upon temporal region.

Patna High Court CR. MISC. No.55701 of 2022(4) dt.27-02-2023 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against 12 accused persons including the petitioner. He further submits that during investigation, except the allegation as alleged in the F.I.R. no other cogent material has come against the petitioner. The petitioner is in custody since 10.06.2022.

The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner and submits that it appears from the F.I.R. itself that there is specific allegation against the petitioner that he has assaulted the husband of the informant by means of garasa on his head. He further submits that the similarly situated co-accused person, namely, Rajaram Yadav @ Rajdeo Yadav against whom there is allegation that he has given a garasa blow on the husband of the informant has not been granted bail and his application was rejected vide order dated 06.01.2023 passed in Cr. Misc. No. 58395 of 2022.

Considering the aforesaid facts and the bail application of the co-accused which was rejected, I am not inclined to

Patna High Court CR. MISC. No.55701 of 2022(4) dt.27-02-2023 3/3 enlarge the petitioner on bail in connection with Muffasil P.S. Case No. 08 of 2022 pending in the court of learned Chief Judicial Magistrate, Nawada.

Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T