Mantosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6033 of 2023 Arising Out of PS. Case No.-407 Year-2022 Thana- MADHEPURA District- Madhepura ====================================================== Mantosh Yadav S/O Nand Kishore Yadav Resident Of Village- Barahi Tola, Manhara Ward No. 12, P.S. And District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== 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 447, 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code. The case of prosecution case, in brief, is that while the informant along with his sons was collecting the fallen sheets of cow-shade, meanwhile, the accused persons including the petitioner armed with weapons and started assaulting them. During course of this incident, the allegation against this petitioner is of assaulting to Sanjiv Kumar by mean of shape due to which he sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics.

Patna High Court CR. MISC. No.6033 of 2023(2) dt.01-05-2023 2/2 As per injury report which is annexed as Annexure-2, it appears that doctor opined that the injury sustained by injured is simple in nature. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused persons have already been granted bail by this Court vide order 28.3.2023 passed in Cr. Misc. No. 2262 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 23.9.2022. 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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepura P.S. Case No. 407 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 J.M. 1st Class, Madhepura. (Sunil Kumar Panwar, J) Amandeep/- U T