Patna High CourtCR. MISC./66160/2022allowed

Bhair Yadav @ Vairo Yadav @ Adity Kumar Yadav v. The State Of Bihar

2023-02-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66160 of 2022 Arising Out of PS. Case No.-413 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== BHAIR YADAV @ VAIRO YADAV @ ADITY KUMAR YADAV Son of Jhokhu Rai @ Jokhu Yadav R/o vill.- Siswa, P.S.- Raxaul, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-02-2023 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor.

The petitioner is in custody in a case registered for offence punishable under Section 302/34 of the Indian Penal Code.

It is a case of commission of murder due to assault. The parties are pattidars and the occurrence took place on a title issue.

It is submitted by the learned counsel for the petitioner that the petitioner has falsely been implicated in this case. The main allegation of assault is against Jokhu Rai, who assaulted by bamboo stick to the informant's husband due to which he succumbed to the injury. The allegation is general and

Patna High Court CR. MISC. No.66160 of 2022(2) dt.28-02-2023 2/2 omnibus against the petitioner. The petitioner was a member of of unlawful mob as alleged in this case. It is submitted that other co-accused person, namely, Mahavir Yadav in Cr. Misc. No. 13726 of 2022 is getting the privilege of anticipatory bail. The petitioner is in custody since 21.04.2022 having no criminal antecedent.

The learned Additional Public Prosecutor for the State vehemently opposed the prayer for bail.

Considering the aforesaid submissions, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Raxaul P.S. Case No. 413 of 2021 to the satisfaction of the Additional District Judge, XXI, East Champaran at Motihari.

(Sunil Kumar Panwar, J) Shamshad & Alok Kr.

Verma/- U T