Yogi Nat @ Jogi Lathour v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67710 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- KAKO District- Jehanabad ====================================================== 1.

Yogi Nat @ Jogi Lathour, Son of Saguni Nat @ Saguni Lathour, R/o Village- Nadiyama, P.S.- Kako, District- Jehanabad. 2.

Paras Lathour @ Paras, Son of Sanjay @ Sanjay Lathour, R/o VillageNadiyama, P.S.- Kako, District- Jehanabad. 3.

Dharmendra Lathour @ Dharmendra Nat, Son of Saguni Nat @ Sagooni Lathour R/o Village- Nadiyama, P.S.- Kako, District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitender Kumar, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in a case registered for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 103(1) of B.N.S., 2023.

3. As per prosecution case, on 25.08.2024, while the brother of informant was returning home after attending

Patna High Court CR. MISC. No.67710 of 2025(3) dt.02-12-2025 2/3 Panchayati, all the F.I.R. named accused persons including these petitioners came and assaulted him by means of lathi and garasa, as a result of which, the brother of the informant died during treatment.

4. Learned counsel for the petitioners submits that from bare perusal of the F.I.R., it is apparent that altogether 11 persons have assaulted the brother of the informant but in the post mortem report, only three injuries have been found on the person of the deceased, which itself belies the prosecution case. Allegation is general and omnibus and no specific overt act has been alleged against these petitioners. There is no eye-witness to the occurrence and it has not been disclosed by the informant in the F.I.R. that as to how he came to know that the F.I.R. named accused persons committed the alleged offence. Petitioners claim clean antecedent and are in custody since 19.05.2025.

5. Learned A.P.P. for the State vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances as well as period of custody, let the above named petitioners 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 Chief Judicial Magistrate, Jehanabad in

Patna High Court CR. MISC. No.67710 of 2025(3) dt.02-12-2025 3/3 connection with Kako P.S. Case No. 235 of 2024. (Prabhat Kumar Singh, J) P.K.P./- U