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2023 Supreme(Online)(Pat) 5911
PATNA HIGH COURT
Mr. Justice Sunil Kumar Panwar
BHUTTU YADAV @ BHATTU YADAV @ BHUTU YADAV – Appellant
Versus
The State – Respondent
CR. MISC./49590/2022
In cases of murder, bail may be granted even if the allegations are serious, if the allegations are general and omnibus, there is no specific overt act of assault attributed to the accused, and the accused has no criminal antecedents and has been in custody for a significant period.
Headnote:
BAIL - SECTION 302 IPC - REGULAR BAIL - LAND DISPUTE - NO SPECIFIC OVERT ACT OF ASSAULTING - GENERAL AND OMNIBUS ALLEGATION - BAIL GRANTED
Fact of the Case:
The petitioner was accused of being part of a group that assaulted the informant and his son, leading to the son's death. The petitioner claimed that he was innocent and had been falsely implicated due to a land dispute with the informant.
Finding of the Court:
The court found that the allegations against the petitioner were general and omnibus, and there was no specific overt act of assault attributed to him. The court also noted that the petitioner had no criminal antecedents and had been in custody for a significant period.
Issues: Whether the petitioner should be granted bail in a case of murder (Section 302 IPC) where the allegations against him were general and omnibus, and there was no specific overt act of assault attributed to him.
Ratio Decidendi: The court held that in cases where the allegations are general and omnibus, and there is no specific overt act of assault attributed to the accused, bail may be granted, especially if the accused has no criminal antecedents and has been in custody for a significant period.
Final Decision: The court granted the petitioner regular bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49590 of 2022
Arising Out of PS. Case No.-262 Year-2021 Thana- GOVINDPUR District- Nawada
======================================================
BHUTTU YADAV @ BHATTU YADAV @ BHUTU YADAV S/o Late Baso
Yadav R/o village- Karanpur, P.S.- Govindpur, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Arun Kumar Arun
For the Opposite Party/s :
Mr.Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3
11-01-2023
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 147, 148,
149, 323, 324, 307, 302, 504 of the Indian Penal Code.
Allegations against the petitioner is that he along with
other co-accused persons came to informant house and started
assaulting to him and his son namely, Ranjay Yadav due to
which informant’s son succumbed to injury.
Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implicated in this case. It is further submitted that
the petitioner is brother of the informant and a land dispute
going on between them due to which he has falsely been made
Patna High Court CR. MISC. No.49590 of 2022(3) dt.11-01-2023
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accused in this present case. There is no specific overt-act of
assaulting against the petitioner. General and omnibus allegation
leveled against the petitioner. A statement has been made in
para-3 of the petition that the petitioner has got no criminal
antecedent. It is further submitted that the petitioner is
languishing in judicial custody since 18.1.2022.
Learned APP appearing for the state has opposed the
prayer of regular bail.
Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Govindpur P.S. Case No. 262 of 2021 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-
VIII, Nawada.
subham/-
(Sunil Kumar Panwar, J)
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