Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80857 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- BARHAT District- Jamui ====================================================== SANJAY YADAV Son of Bhunna Yadav @ Bhuneshwar Yadav R/o vill - Pahritar Dadha, P.S. - Barhat, distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Barhat P.S. Case No. 50 of 2023 registered on 07.03.2023 lodged under Sections 147, 148, 149, 302 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against six named accused persons including the petitioner to whom allegation is of assaulting the deceased in the stomach by brick due to which the deceased died.

4. Counsel further submits that petitioner is innocent and has committed no offence. Counsel for the petitioner submits that post-mortem report is attached with the case diary and from perusal of post-mortem report, no external injury has been found in the stomach. Counsel further submits that the

Patna High Court CR. MISC. No.80857 of 2023(5) dt.19-03-2024 2/2 other accused persons have been granted bail by Co-ordinate Bench of this Court which is Annexure-3 series. He further submits that petitioner is in custody since 01.09.2023 having no criminal case pending against him. Chargesheet has already been filed in this case

5. Learned counsel for the State opposes the prayer for bail and submits that as per F.I.R., there is direct allegation upon the petitioner.

6. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that charge has not been framed till date.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Barhat P.S. Case No. 50 of 2023, subject to the conditions laid down under Section 437 (3) of the Cr.P.C.

(Dr. Anshuman, J) Sunnykr/- U