Degan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60403 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- SONO District- Jamui ====================================================== DEGAN YADAV S/o Dilo Yadav @ Dilu Yadav R/o village- Hiraniya Tanr, P.S.- Charka Pathar, District- Jamui ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai, Advocate.
For the Opposite Party/s:
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 307, 302 and 504 of the Indian Penal Code registered in connection with Sono P.S. Case No. 128 of 2019.
3. It is submitted that the petitioner has been falsely implicated in connection with alleged killing of Kewal Yadav by the accused persons. It is submitted that the accusation of assault by pelting stones is general and omnibus in nature without any specific assault attributed individually. It is submitted that the accusation of assault is not corroborated by the inquest report which does not disclose any external injury. The deceased husband of the informant was 65 years of old age. The petitioner
Patna High Court CR. MISC. No.60403 of 2019(4) dt.04-03-2020 2/2 claims clean antecedents.
4. Learned APP appears but has not pointed out to any substantial material in the case diary against the petitioner.
5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 26.09.2019 pending in the Court of Additional Chief Judicial Magistrate 1st, Jamui in connection with Sono P.S. Case No. 128 of 2019 is hereby confirmed.
(Vikash Jain, J) Ibrar//- U T