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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15843 of 2023 Arising Out of PS. Case No.-503 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== Gopal Yadav @ Gopal Kumar Yadav S/O Akshay Yadav R/v- Abdullahpur, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner, leaned counsel for the informant 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 448, 341, 323, 324, 302, 427, 380 and 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused person including this petitioner is that due to previous dispute they assaulted mother of the informant by means of knife and dagger due to which she sustained injury and during treatment she died. It is further alleged that they also damaged household articles and took away cash and the gold ornaments of Rs. 2,00,000/- from the house of the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to previous enmity. In fact, the wife of the cousin of

Patna High Court CR. MISC. No.15843 of 2023(3) dt.13-07-2023 2/2 the petitioner namely Mala Devi was murdered by the informant's side and for that Bahadurpur P.S. Case No.191 of 2021 was registered and the informant and his family members only to put pressure to compromise the above mentioned case lodged this case against the petitioner and others. There is no specific overt-act against the petitioner. Similarly situated co-accused namely Mahesh Yadav @ Umesh Yadav has already been granted bail by this Bench vide order dated 28.06.2023 passed in Cr.Misc. No. 18270 of 2023. It is also submitted that petitioner is languishing in judicial custody since 23.11.2022.

Learned APP appearing for the State and leaned counsel for the informant have 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 Bahadurpur P.S. Case No. 503 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 S.D.J.M., Darbhanga.

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