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Patna High CourtCR. MISC./15842/2021bail granted

Prayag Yadav v. The State Of Bihar

2021-08-12Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15842 of 2021 Arising Out of PS. Case No.-188 Year-2019 Thana- SUPAUL District- Supaul ====================================================== 1.

PRAYAG YADAV Son of Basdeo Yadav 2.

Fulo Mehta, 3.

Chhotelal Mehta Both Sons of Jageshwar Mehta 4.

Chandrabhash Mehta Son of Fulo Mehta 5.

Sonu Kumar @ Abhinandan Kumar Son of Chhotelal Mehta 6.

Roshan Kumar Son of Prayag Mehta 7.

Rakesh Kumar Son of Prayag Mehta 8.

Gulab Thakur Son of Lakhichand Thakur All are resident of Hardi Purab Durga Asthan, Ward no. 1, P.S. - Supaul, District - Supaul.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 341, 323, 308, 447, 379 and 34 of the Indian Penal Code to which section 307 of the Indian Penal Code was added subsequently. As per the prosecution case, it is stated by the informant that while he was irrigating his agriculture fields, the

Patna High Court CR. MISC. No.15842 of 2021(2) dt.12-08-2021 2/3 nine named accused persons including the eight petitioners herein came variously armed and as a result of assault, a number of persons were injured.

It is submitted by learned counsel for the petitioners that the allegations as levelled in the F.I.R. are false and concocted. The cause of false implication is land dispute between the parties. The allegations are general and omnibus in nature. The case of the petitioners stands on a similar footing to that of co-accused Amal Kumar Yadav who has been enlarged on bail vide order dated 12.3.2021 passed in Cr. Misc. no.2880 of 2021. The petitioners are in custody since 5.12.2020 and investigation in the case has concluded. It is lastly submitted that a supplementary affidavit has been filed on behalf of the petitioners stating about the inadvertent error committed in the statement made in paragraph no. 3 of the petition. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, grant of bail to co-accused and investigation in the case having concluded, the Court directs the eight petitioners to be enlarged on bail in connection with Supaul P.S. Case no.188 of 2019 on each of them furnishing bail bond of Rs.10,000/

Patna High Court CR. MISC. No.15842 of 2021(2) dt.12-08-2021 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul.

(Partha Sarthy, J) Saurabh/- U T