Patna High CourtCR. MISC./37537/2018bail granted

Upendra Yadav And ORS v. The State Of Bihar

2018-09-06Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37537 of 2018 Arising Out of PS. Case No.-87 Year-2018 Thana- MURLIGANJ District- Madhepura ======================================================

1. Upendra Yadav Son of Brahmi Yadav

2. Abhishek @ Chotu @ Abhijit Kumar @ Abhijit Yadav S/o Gajendra Yadav

3. Ashok Yadav son of Upendra Yadav All r/o village Rampur Ward No. 2 Terasi PS Murliganj, District Madhepura. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Vishoka Nand For the Opposite Party/s :

Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-09-2018 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners, who are in custody, seek bail in connection with Murliganj P.S. Case No. 87 of 2018 registered for the offence punishable under Sections 452, 341, 323, 307, 302, 34 of the Indian Penal Code.

Allegation against the petitioners is of assaulting and abusing the informant, his wife and his son-in-law and as a result of said assault his son-in-law was badly injured and was taken to the Hospital where he was declared dead. It has been submitted on behalf of the petitioners that occurrence took place on 10.03.2018 and FIR was lodged

Patna High Court Cr.Misc. No.37537 of 2018(3) dt.06-09-2018 2/2 on 15.03.2018 without any explanation of such delay, which creates serious doubt about the correctness of prosecution story. It has been further submitted that there is general and omnibus allegation against them and no specific allegation of assault made against them.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M., Madhepura, in connection with Murliganj P.S. Case No. 87 of 2018.

(S. Kumar, J) veena/- U T