Maheshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14014 of 2022 Arising Out of PS. Case No.-611 Year-2021 Thana- SUPAUL District- Supaul ====================================================== Maheshwari Yadav S/O- Late Achak Yadav R/O Village - Itahari, Ward No. 15, P.S. Supaul, District - Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks form today.

The petitioner seeks bail in connection with a case registered for the offences punishable under Sections 341, 342, 323, 324, 506 and 307/34 of the Indian Penal Code. The prosecution case in short is that Maheshwari Yadav and Kusheshwar Yadav tied the informant's neck by a turban and pulled the same to kill him, due to which his breath stopped and he felt uneasy, thereafter, Om Prakash and Pappu Yadav with intention to kill him inflected dabiya blow on his head and

Patna High Court CR. MISC. No.14014 of 2022(2) dt.03-08-2022 2/3 he sustained head injury.

Learned Counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case due to enmity on account of ancestral property between the parties. Further, it is submitted that the father of the petitioner and the informant are step-brothers and there is admitted ancestral land dispute between them and 107 Cr.P.C proceedings was also initiated. It is further stated that, earlier with regard to the same land a dispute has occurred and a case bearing Supaul P.S. Case No. 71/21 dated 31.02.2021 was filed by the same informant, namely, Jai Shankar Ravi against the family members of the petitioner. It is stated that informant was examined by the doctor and the doctor found that the injuries are simple in nature. Learned counsel for the petitioner further submits that the petitioner is in custody since 17.10.2021, charge-sheet has been submitted and is a person with clean antecedent.

Learned A.P.P for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with

Patna High Court CR. MISC. No.14014 of 2022(2) dt.03-08-2022 3/3 two sureties of the like amount each to the satisfaction of the learned C.J.M, Supaul in connection with Supaul P.S. Case No. 611 of 2021.

(Khatim Reza, J) shanu/- U T