Bittu Kumar @ Bittu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14712 of 2023 Arising Out of PS. Case No.-521 Year-2021 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== BITTU KUMAR @ BITTU YADAV S/O RANJIT YADAV Resident of Village- Sahbajja, P.S.- K. Nagar, (Sri Nagar), District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 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, 120(B), 504, 506 of the Indian Penal Code and Section 27 of Arms Act.

As per prosecution case, the informant alleged that the petitioner along with other co-accused persons armed with weapons came at the land of informant and started assaulting. During course of this incident, it is said that the petitioner fired upon the informant's nephew which hit on his leg due to which he sustained gunshot injury. Accordingly, the present FIR has been lodged.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.14712 of 2023(3) dt.20-07-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is case and counter case between the parties. It is further submitted vide para 9 & 10 of the petition that Nitish Yadav co-accused in K. Nagar P.S. case no. 522 of 2021 made viral an objection picture of sister of co-accused Subodh Kumar Yadav on facebook thereafter, panchayti was held and an order has been furnished of assisting financially to Subodh Yadav or in lieu of that they shall provide 21 decimals of land as Sood Verna for assisting the marriage of sister of Subodh Yadav and on the basis of same, the land was given in possession of Subodh Yadav.

On the basis of Sood verna, the petitioner was showing maize seeds then a mob of 17 persons arrived there and asked him not to plough the land and thereafter, the informant and his men fired causing injury to Chamak Lal Yadav. The petitioner has got no criminal antecedent and languishing in judicial custody since 5.12.2022. 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 him on bail. The above named petitioner is directed to be released on

Patna High Court CR. MISC. No.14712 of 2023(3) dt.20-07-2023 3/3 bail in connection with K. Nagar (Sri Nagar) P.S. Case No. 521 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 Chief Judicial Magistrate, Purnea.

(Sunil Kumar Panwar, J) Amandeep/- U T