Jitendra Yadav @ Dhela Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4113 of 2024 Arising Out of PS. Case No.-481 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== Jitendra Yadav @ Dhela Yadav S/O Late Shambhu Yadav R/O VillageKargahia, P.S- Kalibag O.P, Distt.- West Champaran. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gauri Shankar Thakur For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 379, 504, 34 of the Indian Penal Code.

It is alleged against the petitioner that he came in drunken condition in the house of the informant and pushed the informant on ground and also assaulted with bamboo as a result of which, the hand of the informant

Patna High Court CR. MISC. No.4113 of 2024(2) dt.06-02-2024 2/3 got fracture.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no repetition of assault. There is bona fide land dispute between the parties. Moreover, other similarly situated co-accused has been granted bail vide order dated 26.07.2022 passed in Cr. Misc. No. 69122 of 2021. The petitioner is languishing in custody since 11.10.2023. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.4113 of 2024(2) dt.06-02-2024 3/3 Judicial Magistrate-III, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 481 of 2020. (Sunil Kumar Panwar, J) Shageer/- U T