Patna High CourtCR. MISC./68772/2021bail granted

Prithvi Nath Yadav v. The State Of Bihar

2022-03-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68772 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- AMBA District- Aurangabad ====================================================== PRITHVI NATH YADAV S/O SHAYAMDEO YADAV R/o village- Pirajpur, P.S.- Amba, Distt.- Aurangabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-03-2022 Heard learned counsel for the petitioners and the State.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.

As per the prosecution case, this petitioner along with other FIR named accused persons abused and assaulted the informant and her daughter with Lathi. It is further alleged that co-accused Randhir Yadav, armed with Lathi, came there and assaulted the informant and her daughter due to which they fell down on the ground having become unconscious. The daughter of informant died during the course of treatment. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.68772 of 2021(2) dt.03-03-2022 2/2 case. There is general and omnibus allegation against this petitioner and specific overt act has been attributed to coaccused, Randhir Yadav. It is submitted that in the post mortem examination no external injury was found on the person of daughter of informant. Petitioner claims clean antecedent and is in custody since 11.08.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Amba PS case No.81/2020.

(Prabhat Kumar Singh, J) BKS/- U T