IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70472 of 2021

Arising Out of PS. Case No.-48 Year-2021 Thana- PANDARAK District- Patna

======================================================

1.

GAUTAM KUMAR @ GAUTAM YADAV S/O ARJUN YADAV R/o

village- Gowasa Seikhpura, P.S.- Pandarak, District- Patna

2.

KHUSBHU YADAV @ DHARMENDRA YADAV S/O ARJUN YADAV

R/o village- Gowasa Seikhpura, P.S.- Pandarak, District- Patna

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Manoj Kumar Pandey

For the Opposite Party/s :

APP

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

14-02-2022

Heard the parties through video conferencing.

Petitioners seek regular bail in connection with

Pandarak P.S. Case No. 48 of 2021, registered for the offences

punishable under Sections 341, 323, 307, 448, 379, 504, 427,

506, 34 of the Indian Penal Code and Section 27 of the Arms

Act.

The prosecution case as per the First Information

Report is that altogether six persons assaulted the informant and

his son by means of butt of the pistol and iron rod.

Learned counsel for the petitioners submits that

petitioners have falsely been implicated in this case on the basis

of concocted story due to village rivalry. He further submits that

Patna High Court CR. MISC. No.70472 of 2021(2) dt.14-02-2022

2/3

allegation against the petitioners is general and omnibus in

nature. Referring to Annexure- 3 to this bail application he

submits that the injuries caused to the victims are simple in

nature. He further submits that petitioners are in custody since

15-06-2021 and charge sheet has been submitted against the

petitioners, as such, there is no likelihood that the petitioners

will abscond and / or tamper with the evidence if released on

bail. He next submits that similarly situated co-accused / Ajay

Yadav @ Bichha has been granted bail by this court in Cr. Misc.

No. 42790 of 2021.

Regards being had to the submissions advanced on

behalf of the parties concerned, taking into consideration the

materials available on record, the fact that allegation against the

petitioners is general and omnibus in nature, injuries caused to

the informant and his son are simple in nature, petitioners are in

custody since 15 / 06 / 2021, charge sheet has already been

submitted and similarly situated co-accused has been extended

privilege of bail by this court, I am inclined to grant regular bail

to the petitioners.

Accordingly, let the petitioners, above named, be

released on regular bail on furnishing bail bond of Rs. 10000/-

(ten thousand) each with two sureties of the like amount each to

Patna High Court CR. MISC. No.70472 of 2021(2) dt.14-02-2022

3/3

the satisfaction of learned A.C.J.M. Ist, Barh, District Patna in

connection with Pandarak P.S. Case No. 48 of 2021.

praful/-

(Anil Kumar Sinha, J)

U

T