Jawahar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64914 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== JAWAHAR YADAV S/o- LATE RAVI YADAV Village- Kabaila Ps- Saur Bazar Dist- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajit Kumar , Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 327, 448 , 307, 379, 302, 504, 506 and 34 of the Indian Penal Code.
3. Prosecution case, in brief, is that all the F.I.R named accused persons including this petitioner armed with various weapons brutally assaulted the informant, as a result of which he died.
4. It is submitted that from bare perusal of F.I.R., it is apparent that specific allegation of assault is against co-accused Gajo Yadav @ Gajendra Yadav and so far as this petitioner is concerned there is general and omnibus allegation against him. As a matter of fact, the informant sustained injury and in course
Patna High Court CR. MISC. No.64914 of 2023(3) dt.06-12-2023 2/2 of treatment nearly after 12 days informant succumbed to the injury . Similarly situated co-accused person has already been granted bail by this Court vide order dated 19.04.2023 in Cr. Misc. No. 11493 of 2023 . Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged 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 learned J . M. - Ist Class, Khagaria in connection with Beldour P.S. case No. 171 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Koushik/- U T