Birbal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6738 of 2023 Arising Out of PS. Case No.-131 Year-2022 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Birbal Yadav Son Of Shri Bijendra Yadav R/O Village- Hira Tolla, Ward No.- 1, P.O.- Rahimpur, P.S.- Sahebpur Kamal, District- Begusarai (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ganga Prasad Bimal For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 149, 342, 307, 353, 337, 338, 504 of the Indian Penal Code.

The allegation against the petitioner and other co-accused persons is that they created hindrance in discharging the official duty of the police official. It is further alleged that the accused persons started abusing and brick battling due to which police official sustained

Patna High Court CR. MISC. No.6738 of 2023(2) dt.01-05-2023 2/3 injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. Moreover, the petitioner is languishing in judicial custody since 31.08.2022. Similarly situated co-accused, namely, Kanhaiya Yadav has been granted bail vide order dated 13.04.2023, passed in Cr. Misc. No. 73895 of 2022 by the co-ordinate Bench of this Court. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sahebpur Kamal P.S. Case No.

Patna High Court CR. MISC. No.6738 of 2023(2) dt.01-05-2023 3/3 131 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Begusarai.

(Sunil Kumar Panwar, J) Nirajkrs/- U T