Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10753 of 2023 Arising Out of PS. Case No.-535 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== ARVIND YADAV S/O LALLU YADAV Resident of Village- Shanti Nagar, P.S.- Jagdispur, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 307 of the Indian Penal Code.

As per allegation in the FIR, the informant alleged that all the accused persons including the petitioner armed with various weapons came at the field and started assaulting him due to which informant as well as others sustained injuries. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There was scuffle between two groups of player in cricket field and this petitioner has falsely been made accused in this case without any consistent material. A statement has been made in para-3 of

Patna High Court CR. MISC. No.10753 of 2023(2) dt.04-05-2023 2/2 the petition that the petitioner has got no criminal antecedent. General and omnibus allegations have been leveled against the petitioner rather specific overt-act of assaulting is against other co-accused persons. Moreover, similarly situated co-accused namely, Pravin Yadav has already been granted bail by a coordinate Bench of this Court vide order 22.3.2023 passed in Cr. Misc. No. 75226 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 5.9.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jagdishpur P.S. Case No. 535 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojput at Ara. (Sunil Kumar Panwar, J) Amandeep/- U T