Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.4476 of 2019 Arising Out of PS. Case No.-32 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== 1.

RAHUL YADAV Son of Basudeo Yadav Resident of Village-Pansagwa, P.S.-Kawakole, District-Nawada.

2.

Sundar Yadav Son of Munni Yadav Resident of Village-Pansagwa, P.S.- Kawakole, District-Nawada.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar Sinha For the Respondent/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-12-2019 The appellants seek regular bail in connection with Kawakole P.S. Case No. 32 of 2018, registered for offences punishable under Section 147, 148, 149, 341, 323, 324, 307, 302, 504 of the Indian Penal Code and Section 3(2)(V) of SC/ST Act.

Allegation against the appellants is of assault to father of informant and her uncle causing injuries to them and father of the informant succumbed to his injuries.

It has been submitted on behalf of the appellants that in this case appellants along with five other accused persons have been made accused and no specific allegation has been attributed to the appellants and in the postmortem only two

Patna High Court CR. APP (SJ) No.4476 of 2019(4) dt.16-12-2019 2/2 injuries were found on the dead body of the deceased. Considering the same one of the co-accused has already been enlarged on bail by a coordinate Bench of this Court vide order dated 07.11.2019 passed in Cr. Appeal (SJ) No. 4107 of 2019 and appellants have been in custody since 30.03.2019. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this appeal is allowed and impugned order with respect to these appellants is set aside, let the appellants above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge -cum-Special Judge, Nawada, in connection with Kawakole P.S. Case No. 32 of 2018, subject to the condition that appellants shall cooperate in disposal of trial and make themselves available as and when required by the Trial Court, failing which, the prosecution shall move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T