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Patna High CourtCR. MISC./14111/2023allowed

Vijay 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. 14111 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- BISFI District- Madhubani ====================================================== VIJAY YADAV SON OF NARAYAN YADAV R/O VILLAGE- BHARAN TOL, P.S.- BISFI, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kumar Pandey ====================================================== 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 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 354B, 379 and 504 of the Indian Penal Code and Sections 3/4 of the Explosive Substance Act.

As per prosecution case, when the informant had gone to attend the nature call in the field, the accused persons and some unknown persons came there with variously armed and surrounded the informant. The accused persons assaulted the informant and one co-accused Fekan Yadav threw a bomb upon him. It is further alleged that the accused persons also assaulted Pramila Devi and Anita Devi and tried to raise their modesty after torning clothes and snatched their Mangalsutra and Jitiya.

Patna High Court CR. MISC. No. 14111 of 2023(2) dt.05-05-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that there is general and omnibus allegation against the petitioner rather specific allegation of throwing bomb is against co-accused Fekan Yadav, Badri Yadav, Shivjee Yadav and Udesh Yadav. There is no specific overt act against this petitioner. He is languishing in judicial custody since 21.10.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Benipatti, Madhubani in connection with Bisfi P.S. Case No. 259 of 2022.

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