Sandeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82206 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== SANDEEP KUMAR SON OF LATE KULESHWAR YADAV RESIDENT OF VILLAGE- DHANMA, P.S. HISUA, DISTRICT- NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 83050 of 2023 Arising Out of PS. Case No.-273 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== PAWAN KUMAR SON OF SUNDAR YADAV @ SURENDRA PRASAD YADAV R/O VILLAGE- DHANAWA, P.S.- HISUA, DISTRICT- NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 82206 of 2023) For the Petitioner/s :
Mr.Rajesh Ranjan Kumar For the Opposite Party/s :
Mr.Akbar Ali (In CRIMINAL MISCELLANEOUS No. 83050 of 2023) For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioners seek regular bail in connection with Rajauli P.S. Case No. 273 of 2023 registered for the offence under Sections 341, 323, 325, 307, 302/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.82206 of 2023(4) dt.19-03-2024 2/3
3. As per prosecution case, the petitioners along with co-accused persons assaulted the son of informant, Arbind Yadav, his nephew Rajan Kumar as well as one Urmila Devi due to which they sustained injury and his son Arbind Yadav died on way to hospital.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. No specific allegation against the petitioners rather general and omnibus allegation of assault attributed against them. It is also submitted that fourFIR named accused persons including the petitioner are said to have assaulted the deceased Arbind Yadav but his postmortem report vide Annexure-3 shows only two injury on his person. The petitioners are languishing in judicial custody since 5.9.2023. Moreover, co-accused Sonu Vishwakarma has already been enraged on bail by this Court vide order dt. 2.11.2023 passed in Cr. Misc. No. 60675 of 2023.
5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.
6. Considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The
Patna High Court CR. MISC. No.82206 of 2023(4) dt.19-03-2024 3/3 above named petitioners are directed to be released on bail in connection with Rajauli P.S. Case No. 273 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,-III, Nawada or concerned Court. (Sunil Kumar Panwar, J) Amandeep/- U T