Binod Yadav @ Binod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16207 of 2023 Arising Out of PS. Case No.-445 Year-2022 Thana- SAUR BAZAR District- Saharsa ====================================================== Binod Yadav @ Binod Kumar Yadav S/O Khushi Lal Yadav R/V- Jamhara, P.S.- Sour Bazar, O.P. Patarghat, District- Saharsa (Bihar) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sour Bazar P.S. Case No. 445 of 2022 dated 29.08.2022 lodged under Sections 147, 148, 149, 341, 323, 307, 447, 302, 504 & 506 of the I.P.C.

As per the prosecution case, the allegation in the F.I.R. has been made against seven named accused persons including the present petitioner who alleged to attack on the informant and his father which resulted into death of informant's father.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No. 16207 of 2023(2) dt.10-05-2023 2/2 petitioner is innocent and has committed no offence. He submits that due to petty issue, there is a dispute from both the sides and it is due to this reason, case and counter case has been filed for the same date and place of occurrence.

Counsel further submits that the injury report which is Annexure-3 series by which it becomes crystal clear that the injury was simple in nature and caused by hard and blunt substance. Counsel further submits that the antecedent of the petitioner is clean and he is in custody since 30.08.2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances and particularly that there is a case and counter case relating to the present dispute, this Court is inclined to grant bail to the petitioner on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J. M. 1st Class, Saharsa in connection with Sour Bazar P.S. Case No. 445 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T