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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15783 of 2024 Arising Out of PS. Case No.-91 Year-2023 Thana- MAIGRA District- Gaya ====================================================== Rahul Yadav @ Rahul Kumar Yadav @ Rahul Kumar S/O Doman Yadav R/O Village- Tarwahadih, P.S.- Maigra, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Maigra P.S. case No. 91 of 2023 instituted for the offences under Sections 147, 149, 341, 323, 386, 504 and 506 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the land of the informant was ploughed by the accused persons with use of fear of weapon and accused persons also abused and threatened the informant with dire consequences.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. General and omnibus allegation has been

Patna High Court CR. MISC. No.15783 of 2024(2) dt.13-03-2024 2/3 made against the petitioner. No specific overt act is alleged against the petitioner. There is land dispute between the parties from before. Charge-sheet has been submitted in this case. The petitioner is in custody since 13.11.2023 and has five criminal antecedents in which he is on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner, general and omnibus allegation against the petitioner and subsisting land dispute from before, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Maigra P.S. case No. 91 of 2023 subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every

Patna High Court CR. MISC. No.15783 of 2024(2) dt.13-03-2024 3/3 date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T