Patna High CourtCR. MISC./11533/2024bail granted

Shyam Nandan Yadav v. The State Of Bihar

2024-02-27Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11533 of 2024 Arising Out of PS. Case No.-80 Year-2023 Thana- BANDEYA District- Aurangabad ====================================================== Shyam Nandan Yadav, aged about 77 years (Male) S/o Late Janki Yadav R/o Village Malhad PS Bandeya District Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmeshwar Vishwakarma, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 27-02-2024 Heard learned counsel appearing on behalf of the parties.

2. The petitioner seeks bail in connection with Bandeya P.S. Case No. 80 of 2023 registered for the offence under Sections 147, 149, 341, 323, 307 354(A), 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, it is a case of assault upon the informant and his family members as also gold chain worth Rs.40,000/- of the daughter-in-law of the informant by the accused persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in this case and there is general and omnibus allegation and no

Patna High Court CR. MISC. No.11533 of 2024(2) dt.27-02-2024 2/2 specific allegation against the petitioner and specific allegation of assault is against co-accused Sanjay Yadav and Chitranjan Yadav. Petitioner has got clean antecedent as stated in para-3 of the petitioner and he is in custody since 24.11.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information report and impugned order dated 15.01.2024, it appears that there is no specific allegation against this petitioner and no injury on vital part of the body of the victim, accordingly, the prayer for bail of the petitioner is allowed. Let the petitioner, above named, be directed to be released on bail in connection with Bandeya P.S. Case No.80 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, Aurangabad. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T