Dharmendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8733 of 2024 Arising Out of PS. Case No.-670 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Dharmendra Yadav S/o Dhurup Yadav R/o vill - Sariswa Bazar, Teliya Patti, P.S. - Majhauliya, Distt. - West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Gupta For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 447, 341, 323, 337, 324, 504, 379, 307, 302/34 of the Indian Penal Code.
3. Earlier bail application of the petitioner was rejected vide order dated 27.07.2023 passed in Cr. Misc. No. 22925 of 2023.
4. As per FIR, the allegation against the petitioner and co-accused persons is that they armed with various
Patna High Court CR. MISC. No.8733 of 2024(3) dt.13-03-2024 2/3 weapons came at the house of the informant and started assaulting the informant and his wife due to which his wife sustained injuries and died during treatment.
5. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. During trial, as per Annexure-3, it appears that the informant and other witness have not supported the prosecution case as they have turned hostile. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 15.09.2022.
6. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manjhauliya P.S. Case No. 670 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IX, Bettiah,
Patna High Court CR. MISC. No.8733 of 2024(3) dt.13-03-2024 3/3 West Champaran.
(Sunil Kumar Panwar, J) manishkumar/- U T