Yugesh Mallah @ Jugesh Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64730 of 2024 Arising Out of PS. Case No.-211 Year-2022 Thana- GURUA District- Gaya ====================================================== Yugesh Mallah @ Jugesh Mallah S/o- Late Dukhi Mallah Resident of VillageUseva PS- Gurua District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 302, 504, 34 of the Indian Penal Code.

3. Allegedly, after some altercation, all the accused persons including the petitioner are said to have assaulted the informant's husband brutally with deadly weapons due to which he died during the course of his treatment.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. The

Patna High Court CR. MISC. No.64730 of 2024(2) dt.04-10-2024 2/3 allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. There is specific allegation against co-accused Rajesh Mallah, who assaulted the informant's husband by means of iron rod. He further submits that co-accused, namely, Rajesh Mallah has been enlarged on bail by a co-ordinate Bench of this court vide order dated 28.11.2023 passed in Cr. Misc. No. 50549 of 2023. The petitioner has no criminal antecedent and has been languishing in custody since 06.05.2024.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the fact that co-accused, namely, Rajesh Mallah, has been already been granted bail by a co-ordinate Bench of this Court, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Gurua P.S. Case No. 211 of 2022.

7. The petitioner is directed to remain physically present in Court on each and every date during trial and in the

Patna High Court CR. MISC. No.64730 of 2024(2) dt.04-10-2024 3/3 event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) anand/- U T