Bali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65783 of 2019 Arising Out of PS. Case No.-239 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== BALI YADAV, aged about 30 years, Sex-Male, Son of Ramdeo Yadav, Resident of Village-Bhavnauli, P.S-Nardiganj, District-Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar Sinha, Advocate.

For the Opposite Party :

Mr.Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 147, 149, 323, 308, 379, 504, 506 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that on 28.12.2018 at about 2.00 P.M., Shiv Nandan Yadav, Ramdeo Yadav, Morik Yadav, Bali Yadav (petitioner) and Raushan Yadav armed with Garasa, Khanti and Iron rod came near the father of the informant, namely, Bachhu Yadav and co-accused Ramdeo Yadav assaulted with Garasa upon Bachhu Yadav causing head injury. Thereafter, Morik Yadav with Khanti and Bali Yadav (petitioner) and others with Iron rod assaulted Bachhu Yadav as a result of which, he sustained injuries. When the informant

Patna High Court CR. MISC. No.65783 of 2019(2) dt.22-10-2019 2/3 came to rescue his father Bachhu Yadav, co-accused Shivnandan Yadav assaulted with Garasa on the head of the informant causing head injury and Raushan Yadav and Bali Yadav (petitioner) assaulted with Iron rod to the informant. Shivnandan Yadav took golden Tabiz and Morik Yadav and others opened fire.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 01.06.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. As far as the petitioner is concerned, general and omnibus allegation has been made against him. No specific injury is attributed against him. Special allegation is alleged against Ramdeo Yadav and Shivnandan Yadav.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.

Patna High Court CR. MISC. No.65783 of 2019(2) dt.22-10-2019 3/3 Nawada, in connection with Nardiganj P.S. Case No. 239 of 2018.

(Sudhir Singh, J) U.K./- U T