Jiban Lal Yadav @ Jivan Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25103 of 2021 Arising Out of PS. Case No.-353 Year-2020 Thana- PALASI District- Araria ====================================================== 1.

JIBAN LAL YADAV @ JIVAN LAL YADAV S/O LATE GOVIND LAL YADAV R/O VILLAGE-BHATANIYA, P.S. PALASI, DISTRICT-ARARIA. 2.

ARUN YADAV @ ARUN KUMAR YADAV S/O JIBAN LAL YADAV @ JIVAN LAL YADAV R/O VILLAGE-BHATANIYA, P.S. PALASI, DISTRICT-ARARIA.

3.

BIPIN YADAV @ BIPIN KUMAR YADAV S/O JIBAN LAL YADAV @ JIVAN LAL YADAV R/O VILLAGE-BHATANIYA, P.S. PALASI, DISTRICT-ARARIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-11-2021 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 307, 323, 324, 341, 379, 504 and 34 of the Indian Penal Code. As per the prosecution case, the five accused persons including the three petitioners herein are stated to have come variously armed and over a dispute relating to cultivation, it is stated that Varun Yadav struck the informant with an iron rod on his head while the petitioner no. 2 assaulted his brother and petitioner no. 3 took away gold ornament from his wife. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.25103 of 2021(2) dt.22-11-2021 2/2 that the petitioners have been falsely implicated in the case. There is an unexplained delay of four days in lodging of the FIR. Petitioners have been falsely implicated in the case because of land dispute. They are in custody since 7.1.2021 and have no criminal antecedent. Charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioners having remained in custody for over 10 months, the Court directs the above three petitioners to be enlarged on bail in connection with Palasi P.S. Case no. 353 of 2020 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M 1st, Araria. (Partha Sarthy, J) Prakash/- U