Laddu Kumar @ Laddu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71415 of 2021 Arising Out of PS. Case No.-90 Year-2021 Thana- SAHIYARA District- Sitamarhi ====================================================== LADDU KUMAR @ LADDU SAH Son of Dahaur Sah Resident of Village - Maudah, P.S. - Sahiyara, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307, 341, 323 and 34 of the Indian Penal Code.

As per the prosecution case, information was received about a group of person having beaten up a thief who was caught. On reaching the place of occurrence, the injured thief who was in an unconscious state was taken to the hospital for treatment. It is further stated that it secretly transpired that the twelve named accused persons including the petitioner herein as also one Suresh Das and 20-25 other accused persons were involved in beating up of the thief.

It is submitted by learned counsel for the petitioner that the injured having died, subsequently, section 302 of the Indian Penal Code was added. The allegations against the 12 named accused persons including the petitioner herein are general and omnibus in nature. The petitioner is in custody since 9.9.2021 and investigation in the case has concluded. The case of the

Patna High Court CR. MISC. No.71415 of 2021(2) dt.10-05-2022 2/2 petitioner stands on a similar footing to that of co-accused Sikindra Sah who has been enlarged on bail vide order dated 26.4.2022 passed in Cr. Misc. no. 61695 of 2021. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner, the petitioner having remained in custody for 8 months and grant of bail to the above named co-accused Sikandar Sah, the Court directs the petitioner to be enlarged on bail in connection with Sahiyara P.S. Case no. 90 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi. (Partha Sarthy, J) Prakash/- U