Lalan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6351 of 2023 Arising Out of PS. Case No.-387 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== LALAN YADAV S/o Ramjee Yadav R/o Village- Kushi Tola @ Kushi Tole Badri Bigha, P.S.- Muffasil, Distt- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupa Kumari For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== 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 prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 324, 307, 504, 506 of the Indian Penal Code. The prosecution story, in brief, is that on the alleged date of occurrence, the FIR named accused persons including the petitioner by forming an unlawful assembly started ploughing land of the informant. When the informant opposed, the accused persons started assaulting him and his family members due to which they sustained injuries. The petitioner is said to be order giver of the occurrence.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is a

Patna High Court CR. MISC. No.6351 of 2023(2) dt.01-05-2023 2/2 dispute in respect of land going on between the parties due to this reason the petitioner has falsely been implicated in this case. From perusal of FIR, it appears that the petitioner is only order giver and there is no specific overt-act of assaulting against the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 17.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 387 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 C.J.M. Aurangabad (Bihar). (Sunil Kumar Panwar, J) Amandeep/- U T