Gautam Kumar @ Gautam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70472 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- PANDARAK District- Patna ====================================================== 1.

GAUTAM KUMAR @ GAUTAM YADAV S/O ARJUN YADAV R/o village- Gowasa Seikhpura, P.S.- Pandarak, District- Patna 2.

KHUSBHU YADAV @ DHARMENDRA YADAV S/O ARJUN YADAV R/o village- Gowasa Seikhpura, P.S.- Pandarak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-02-2022 Heard the parties through video conferencing. Petitioners seek regular bail in connection with Pandarak P.S. Case No. 48 of 2021, registered for the offences punishable under Sections 341, 323, 307, 448, 379, 504, 427, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as per the First Information Report is that altogether six persons assaulted the informant and his son by means of butt of the pistol and iron rod. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case on the basis of concocted story due to village rivalry. He further submits that

Patna High Court CR. MISC. No.70472 of 2021(2) dt.14-02-2022 2/3 allegation against the petitioners is general and omnibus in nature. Referring to Annexure- 3 to this bail application he submits that the injuries caused to the victims are simple in nature. He further submits that petitioners are in custody since 15-06-2021 and charge sheet has been submitted against the petitioners, as such, there is no likelihood that the petitioners will abscond and / or tamper with the evidence if released on bail. He next submits that similarly situated co-accused / Ajay Yadav @ Bichha has been granted bail by this court in Cr. Misc. No. 42790 of 2021.

Regards being had to the submissions advanced on behalf of the parties concerned, taking into consideration the materials available on record, the fact that allegation against the petitioners is general and omnibus in nature, injuries caused to the informant and his son are simple in nature, petitioners are in custody since 15 / 06 / 2021, charge sheet has already been submitted and similarly situated co-accused has been extended privilege of bail by this court, I am inclined to grant regular bail to the petitioners.

Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (ten thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.70472 of 2021(2) dt.14-02-2022 3/3 the satisfaction of learned A.C.J.M. Ist, Barh, District Patna in connection with Pandarak P.S. Case No. 48 of 2021. praful/- (Anil Kumar Sinha, J) U T