Bigan Yadav @ Vigan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11214 of 2020 Arising Out of PS. Case No.-44 Year-2019 Thana- KONCH District- Gaya ====================================================== Bigan Yadav @ Vigan Yadav Son of Rambarat Yadav Resident of Village - Khabhra, P.S.- Konch, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Prakash, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-06-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video- conferencing. The petitioner seeks bail in Konch P.S. Case No. 44 of 2019 registered for the offence under Sections 341, 323, 354(B), 504/34 of the Indian Penal Code.

In the First Information Report, the informant has alleged that the petitioner alongwith three others came at her house and started abusing her and she objected, this petitioner assaulted her by fists and slaps and torn her clothes due to land dispute.

It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence and he has falsely been implicated in this case due to admitted land dispute. It is further submitted that there is inordinate delay in lodging F.I.R., as the

Patna High Court CR. MISC. No.11214 of 2020(2) dt.18-06-2020 2/2 alleged occurrence took place on 02-02-2019 and F.I.R. has been lodged on 08-02-2019 and no explanation has been given for the same. It is submitted that in order to put pressure upon the petitioner's side and to grab the land, a false case has been instituted. The petitioner has no criminal antecedent. Considering the aforesaid facts and circumstances, the bail application is allowed.

In the event of arrest or surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate - III, Gaya in connection with Konch P.S. Case No. 44 of 2019, subject to condition, as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Singh, J.) anay U T