Deepak Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80320 of 2018 Arising Out of PS. Case No.-302 Year-2018 Thana- PARBATTA District- Khagaria ====================================================== 1.

Deepak Yadav, S/o Narad Yadav.

2.

Saurav Kumar @ Saurav Yadav, S/o Binod Yadav, Both resident of VillageAraria, P.S.- Parbatta Maraiya, District- Khagaria. ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Ranjeet Kumar Singh, Advocate.

For the Opposite Party :

Smt Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners are languishing in custody since 15.10.2018 in a case for the offence registered under Sections 147, 148, 149, 341, 307 and 302 of the IPC.

The prosecution story, in brief, is that on 15.08.2018 at 10.00 A.M. while the informant alongwith his father was going to home by Motorcycle, the petitioners and co-accused persons intercepted them. Co-accused Manjay Kumar assaulted on his head with Lathi causing bleeding injury as a result of which, he fled away towards his house. In the meantime, all accused persons assaulted his father and committed his murder.

Patna High Court CR. MISC. No.80320 of 2018(3) dt.09-04-2019 2/3 The motive behind the occurrence is that co-accused Manjay Yadav had borrowed Rs. 3,000/- from his brother and when his brother demanded the said money, co-accused Manjay Yadav had entered into scuffle with his brother and in the aforesaid back ground, the accused persons had committed the alleged offence.

It has been submitted by learned counsel for the petitioners that the petitioner no. 1 has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. General and omnibus allegation has been alleged against the petitioners. No overt act has been alleged against the petitioners. Altogether 11 persons are said to have assaulted the deceased. As per postmortem report, there are only three external injuries.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Khagaria, in connection with Parbatta (Maraiya) P.S. Case No.

Patna High Court CR. MISC. No.80320 of 2018(3) dt.09-04-2019 3/3 302 of 2018.

(Sudhir Singh, J) U.K./- U T