Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69536 of 2022 Arising Out of PS. Case No.-234 Year-2022 Thana- KATORIYA District- Banka ====================================================== ROHIT YADAV SON OF AMIN YADAV RESIDENT OF VILLAGETULSIWARAN, P.S.- KATORIYA, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Satyendra Prasad, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Katoriya P.S. Case No. 234 of 2022 dated 01.07.2022 registered for the offence(s) punishable under Section(s) 147, 148, 149, 341, 342, 323, 302, 120(B), 504 and 506 of the Indian Penal Code.

As per the prosecution, an altercation took place in between the informant's son and the accused persons including this petitioner, who assaulted the informant's son by means of lathi and further it is alleged that the informant's wife died due to the injuries inflicted by one Pappu Yadav using a Kulhadi. The main submissions advanced by the learned counsel for the petitioner are that as per the FIR, the petitioner

Patna High Court CR. MISC. No.69536 of 2022(2) dt.03-04-2023 2/3 is alleged to have assaulted the informant's son by means of lathi but the said allegation is completely vague and the main allegation of having assaulted the informant's wife by means of axe is against co-accused Pappu Yadav and altogether 18 persons have been named in the FIR and there is no injury report of the son of the informant nor the same has been discussed in the order impugned by the trial court. Further submission is that similarly situated co-accused Amin Yadav has been granted bail by this Court and co-accused Ravi Yadav @ Ravi Kumar and Chaturi Yadav have been granted bail by a co-ordinate Bench of this Court vide order passed in Cr. Misc. Nos.64688 of 2022, 58903 of 2022 and 62182 of 2022 respectively. Further submission is that petitioner has fair and clean antecedent and he has been languishing in jail since 02.07.2022.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly considering the petitioner's fair and clean antecedent and his custody period and also the nature of allegation appearing against him from the FIR, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let

Patna High Court CR. MISC. No.69536 of 2022(2) dt.03-04-2023 3/3 the petitioner 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 the Court concerned in connection with Katoriya P.S. Case No. 234 of 2022.

(Shailendra Singh, J) Sanjay/- U T