Abadhi Kumar @ Abadhi Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66975 of 2024 Arising Out of PS. Case No.-150 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== 1.

Abadhi Kumar @ Abadhi Kumar Yadav S/o- Late Nepal Yadav VillageParidah Ps- Hasanpur Dist- Samastipur 2.

Raja Kumar @ Raja Yadav Son of Late Raj Kumar Yadav @ Kari yadav Village- Paridah Ps- Hasanpur Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 337, 338, 302 of the Indian Penal Code.

3. Petitioners along with other accused persons are said to have assaulted the deceased person.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. They are quite innocent and have been falsely implicated in this case. It is further submitted that there is case and counter case between the parties and persons of both sides died in the aforesaid occurrence. He submits that the deceased died due to head injury due to fall on bricks. The petitioners have no criminal antecedent and have been languishing in custody since

Patna High Court CR. MISC. No.66975 of 2024(2) dt.04-10-2024 2/2 12.06.2024.

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

6. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each 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 Hasanpur P.S. Case No.150 of 2022, subject to the conditions:

(I) The petitioners shall co-operate with the investigation, if not already concluded and make themselves available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (II) The petitioners will mark their attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of their bail bond. (Anjani Kumar Sharan, J) devendra/- U T