Pundeo Yadav @ Pundev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74811 of 2024 Arising Out of PS. Case No.-44 Year-2024 Thana- Mau District- Gaya ====================================================== 1.

Pundeo Yadav @ Pundev Yadav S/o- Late Pokhan yadav Resident of villageKurkut Bigha PS- Mau District-Gaya 2.

Jainandan Yadav Son of Late Pokhan Yadav Resident of village- Kurkut Bigha PS- Mau District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-10-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Mau P.S. Case No. 44 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 115(2), 121(1), 132, 109, 324(4) (5), 352, 351(2), (3) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution story, in short, is that, on the alleged date and time when the informant along with other police personnel went to raid the house of the Birendra Yadav, the accused persons assaulted the police party by means of lathi-

Patna High Court CR. MISC. No.74811 of 2024(2) dt.22-10-2024 2/3 danda. It is further alleged that the petitioners assaulted A.S.I. Rajesh Kumar with bamboo.

4. Learned counsel for the petitioners submitted that petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submits that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that the injury sustained by the ASI is simple in nature caused by hard and blunt object. It has been submitted on behalf of the petitioners that the petitioners are in custody since 21.07.2024. Petitioner no. 1 has one criminal antecedent whereas petitioner no. 2 has clean antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, the nature of injury as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the 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 Court below/concerned Court in connection with Mau P.S. Case No.

Patna High Court CR. MISC. No.74811 of 2024(2) dt.22-10-2024 3/3 44 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T