Pintu Yadav @ Pintu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7394 of 2023 Arising Out of PS. Case No.-65 Year-2022 Thana- FULKAHA District- Araria ====================================================== Pintu Yadav @ Pintu Kumar Yadav Son Of Kalanand Yadav R/V- Manikpur Ward No. 09, P.S.- Fulkaha, District- Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 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 452, 380, 342, 354(B), 307, 427/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that petitioner and other co-accused persons came at the house of informant with liquor and wanted to stay there and keep the liquor. On refusal, the petitioner and other co-accused persons threatened her to shoot. It is further

Patna High Court CR. MISC. No.7394 of 2023(2) dt.12-04-2023 2/3 alleged that after four days they entered the house of the informant and took away the mobile, Silver locket and payal of informant. It is further alleged that they tried to bring the informant to Nepal and on protest the petitioner fired upon the hand of the informant due to which she sustained 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 inordinate delay of seven days in lodging the F.I.R. It is also submitted that both parties are neighbors and in the background of land dispute, the present case has been registered against the petitioner with false and concocted allegations. There is no any injury report of the informant is on record to prove the allegations as alleged. It is further submitted that good sense has been prevailed between the parties and compromise petitioner has been filed. Moreover, the petitioner is languishing in judicial custody since 14.11.2022.

Patna High Court CR. MISC. No.7394 of 2023(2) dt.12-04-2023 3/3 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 Fulkaha P.S. Case No. 65 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 Sub Divisional Judicial Magistrate, Araria.

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