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Patna High CourtCR. MISC./12141/2023allowed

Jhagaru Yadav v. The State Of Bihar

2023-05-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12141 of 2023 Arising Out of PS. Case No.-193 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== JHAGARU YADAV S/o Late Sahbir Singh R/o Village- Lodipur, Mansurpur, P.S.- Khushrupur, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-05-2023 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 341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code. As per prosecution case, the petitioner along with coaccused persons suddenly surrounded the informant and started assaulting by means of stick and iron rod due to which he sustained injury. It is further alleged that during this incident, the accused persons snatched Rs. 3,50,000/- from him. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The allegation against the petitioner is false and he has falsely been implicated in this case due to dirty village politics. From perusal

Patna High Court CR. MISC. No.12141 of 2023(2) dt.05-05-2023 2/2 of FIR, it appears that the alleged occurrence took place on 20.5.2022 but he instance case has been lodged on 25.5.2022 without any explanation of delay. Nothing has been recovered from conscious possession of the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 28.9.2022. 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 Khushrupur P.S. Case No. 193 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Patna City. (Sunil Kumar Panwar, J) Amandeep/- U T