Photo Yadav @ Bipul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17582 of 2023 Arising Out of PS. Case No.-5 Year-2021 Thana- MANSI District- Khagaria ====================================================== PHOTO YADAV @ BIPUL YADAV Son of Rambilas Yadav R/v- Saidpur, Ward No.- 2, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2023 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 307 and 34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including this petitioner is that they assaulted the informant due to non fulfillment of extortion money. It is further alleged that during altercation the petitioner fired upon the informant which hit on his right arm due to which he sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Both parties are agnates and there is a land dispute going on

Patna High Court CR. MISC. No.17582 of 2023(3) dt.06-07-2023 2/3 between the parties and due to which he has falsely been implicated in this case. There is case and counter case between the parties. During investigation the informant has not stated about the demand of extortion money and from perusal of case diary no injury report has been submitted. It is further submitted that the petitioner is languishing in judicial custody since 08.02.2022.

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 Mansi P.S. Case No. 05 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, Khagaria.

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

Patna High Court CR. MISC. No.17582 of 2023(3) dt.06-07-2023 3/3