Subash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68448 of 2022 Arising Out of PS. Case No.-345 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== SUBASH YADAV Son of Ram Saran Yadav @ Ramsharan Yadav Resident of Village - Ramjanipur, P.S.- Shivnarayanpur, District - Bhagalpur.. Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Kahalgaon P.S. Case No. 345 of 2022 registered for the offence(s) punishable under Section(s) 302/34 of the Indian Penal Code.

As per the prosecution, the informant's husband (deceased) was assaulted to death by this petitioner along with co-accused persons.

The main submissions advanced by the learned counsel for the petitioner are that altogether thirteen persons were alleged to have assaulted the informant's husband and said allegation is completely vague and any specific role of this petitioner in the alleged occurrence has not been revealed by the informant and as per the postmortem report of the deceased, no external injury on his body was found by the doctor

Patna High Court CR. MISC. No.68448 of 2022(2) dt.24-03-2023 2/2 concerned and cause of death of the deceased was opined as haemorrhage and shock due to hard and blunt force impact and several co-accused persons carrying similar nature of allegation, namely, Kanchan Devi and Mohan Yadav, and Bindeshwari Yadav and Kamlu Yadav have been granted anticipatory bail by different co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos. 68444 of 2022 and 48338 of 2022 respectively and accordingly, the petitioner's case stands on better footing from them as he has been languishing in jail since 07.05.2022 having fair and clean antecedent.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released 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 Court concerned in connection with Kahalgaon P.S. Case No. 345 of 2022.

(Shailendra Singh, J) Sanjay/- U T