Mantosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13647 of 2023 Arising Out of PS. Case No.-267 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.

MANTOSH YADAV SON OF LATE LALSA RAI R/O BANKATWA, P.S.- SUGAULI, DISTRICT- EAST CHAMPARAN 2.

RAVI YADAV SON OF BAIDHNATH RAI @ BAIDHNATH YADAV R/O BANKATWA, P.S.- SUGAULI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Yadav For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

In this case, the petitioners are seeking regular bail in connection with Sugauli P.S. Case No. 267 of 2022, registered for the offences punishable under Sections 341, 323, 324, 326, 307, 379, 504/34 of the Indian Penal Code.

As per allegation, when the informant was filling soil in his land, the named accused persons came there and started abusing him and also assaulted him. The specific allegation against the petitioner No. 1 is that he assaulted with farsa on his neck and petitioner No. 2 assaulted him with iron rod. The learned counsel for the petitioner has submitted that they are innocent and has falsely been implicated. They are the

Patna High Court CR. MISC. No.13647 of 2023(2) dt.17-05-2023 2/2 persons of clean antecedent. There is a case and counter case and they are under custody since 02.12.2022.

Considering the above-mentioned facts and circumstances and period of incarceration, let the petitioners abovenamed be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in connection with Sugauli P.S. Case No. 267 of 2022, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(ii) If the petitioners are found involved in future in the similar type of offense, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law. (Nawneet Kumar Pandey, J) Sudha/Sonali U T