Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86089 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- KONCH District- Gaya ====================================================== Mohan Yadav Son of Late Tetar Yadav Resident of Village - Persawan Tola Rampur PS - Konch , District -Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Konch P.S. Case No. 89 of 2023 for the offences registered under Sections 147, 148, 149, 323, 307 and 302 of the Indian Penal Code.
3. As per the prosecution case, on the date of occurrence petitioner along with other accused persons variously armed with weapon came at the house of informant and caused serious injury to his family members due to which wife of informant died.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific
Patna High Court CR. MISC. No.86089 of 2023(2) dt.16-01-2024 2/2 rather general and omnibus in nature. Specific allegation is against co-accused Mithilesh Kumar who assaulted the wife of informant. There is no eye-witness to the occurrence. Petitioner, who is aged about 73 years, has no criminal antecedent. He is in custody since 04.09.2023. It is further submitted that similarly situated co-accused persons have already been granted bail by a co-ordinate Bench of this Court, vide order dated 08.09.2023 passed in Cr. Misc. Nos. 29993 of 2023 and 31131 of 2023.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Konch P.S. Case No. 89 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T