Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19056 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- BEN P.S. District- Nalanda ====================================================== Sanjay Yadav Son of Late Shivnandan Yadav Resident of Village- Karyara, P.S.- Ben, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sujata Sinha, Advocate For the State :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ben P.S. Case No. 178 of 2023 instituted for the offence under Sections 147, 148, 149, 307 & 504 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in a nutshell is that petitioner along with 10 accused persons were ploughing in the field of informant and on protest by the informant, they started firing upon the informant, but he could not sustained injury. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 28-12-2023. Petitioner bears three criminal antecedents, as per disclosure made in

Patna High Court CR. MISC. No.19056 of 2024(2) dt.15-03-2024 2/2 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that nobody has sustained any injury in the occurrence. There is subsisting land dispute between the parties. Petitioner and informant are agnates.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, subsisting land dispute between parties and no injury, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ben P.S. Case No. 178 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T