Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9522 of 2023 Arising Out of PS. Case No.-249 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== Binod Yadav Son Of Bali Yadav R/V- Dawa, P.S- Jagdishpur In The District Of Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 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 341, 323, 307, 379, 506/34 of the Indian Penal Code and Section 27 of Arms Act.

The prosecution case in nutshell is that cousin brother of informant, namely, Hemlal Yadav told the informant to accompany him since his brother-in-law ie. Petitioner is ill. When they reached at the house of petitioner they saw that petitioner is quite well. It is

Patna High Court CR. MISC. No.9522 of 2023(2) dt.18-04-2023 2/3 further alleged that informant was assaulted by the accused persons for not selling his land to co-accused Hemlal Yadav and co-accused Hemlal Yadav fired on the informant due to which he sustained injuries in his leg. The allegation against the petitioner is that he snatched Rs. 5,000/- from 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. There is land dispute between the informant and co-accused Hemlal Yadav. There is no specific overt act of allegation levelled against the petitioner and he is non assailant. There is general and omnibus allegation against the petitioner. Moreover, the petitioner is languishing in judicial custody since 12.10.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Patna High Court CR. MISC. No.9522 of 2023(2) dt.18-04-2023 3/3 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 Jagdishpur P.S. Case No. 249 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 Additional Chief Judicial Magistrate I, Bhojpur, Ara.

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