Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75723 of 2023 Arising Out of PS. Case No.-401 Year-2020 Thana- JAMUI District- Jamui ====================================================== Mahesh Yadav Son Of Jahahir Yadav @ Jawahar Yadav Village- Gidha Navkadih Bukar, Ps- Jamui, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 324, 325, 363, 364, 307, 302, 120B, 201, 506, 153A and 295A of the Indian Penal Code.

3. The allegation against the petitioner is that 25 named accused persons including the petitioner along with 2025 unknown accused persons armed with weapons forcibly dragged the brothers of the informant and brought at one Anganbari Centre and all have assaulted them.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Informant is not an eye-witness of the alleged occurrence. There is general and omnibus allegation

Patna High Court CR. MISC. No.75723 of 2023(2) dt.29-11-2023 2/2 levelled against the petitioner and no specific overt act against the petitioner. He submitted that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner. He further submitted that the other co-accused has already been granted bail by a Coordinate Bench vide order dated 15.03.2021 passed in Cr. Misc. No. 2451 of 2021. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 06.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Jamui in connection with Jamui P.S. Case No. 401 of 2020.

(Sunil Kumar Panwar, J) Arish/- U T