Ram Gulam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57972 of 2025 Arising Out of PS. Case No.-375 Year-2017 Thana- SHEKHPURA District- Sheikhpura ====================================================== Ram Gulam Yadav Son of Charitra Yadav R/o - Kare, P.S And District - Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code.

3. As per prosecution case, it is alleged that on 07.10.2017 at about 3:00 PM, all the F.I.R. named accused persons, including this petitioner, assaulted elder brother of informant, due to which, he died during treatment.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R., it is apparent that informant is not eye-witness to the occurrence and only on suspicion, petitioner has been made accused in this case.

Patna High Court CR. MISC. No.57972 of 2025(2) dt.27-08-2025 2/3 Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Police, after investigation, has not found involvement of the petitioner in the alleged occurrence and submitted final form against him, however differing with the same, learned trial court has taken cognizance. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 17.03.2023 passed in Cr. Misc. No. 62444 of 2022. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C., Sheikhpura in

Patna High Court CR. MISC. No.57972 of 2025(2) dt.27-08-2025 3/3 connection with Sheikhpura P.S. Case No. 375 of 2017, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T