Horil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9515 of 2024 Arising Out of PS. Case No.-893 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Horil Yadav, Son Of Bhadey Yadav R/O-Kumarchakki, P.S.-MUFFASIL, Distt.-KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No. 893 of 2023, lodged on 28.08.2023 under Sections 341/323/307/34 of the IPC.

3. As per the prosecution case, FIR has been lodged against six named accused persons including the present petitioner against whom there is an allegation that they attacked on the informant with lathi & danda due to which the informant was injured and then he was taken to the hospital and during the treatment, FIR has been lodged.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that from the statement made in the fardbayan, it is crystal clear that the dispute has arisen on a very petty point i.e.

Patna High Court CR. MISC. No.9515 of 2024(2) dt.20-02-2024 2/2 for goat. Counsel further submits that all the allegations are general and omnibus. The injury report which is annexed as Annexure-2 states that the injuries are simple in nature.

5. Learned counsel for the petitioner submits that the antecedent of the petitioner is clean as he was accused in one case in which acquittal took place. The petitioner is in custody since 04.10.2023 in the present case. Counsel further submits that the FIR has been lodged with delay of six days.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 893 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T