Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21523 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Binod Yadav, Son of Late Chandar Yadav, Resident of Village- Chanpatiya Station Road Ward No. 10, PS- Chanpatiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate Mr. Sachida Nand Rai, Advocate Mr. Avinash Raj, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Chanpatiya P.S. Case no. 598 of 2023 registered under sections 307, 323, 341, 379, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, it is stated that the three named accused persons including the petitioner herein started to abuse and assault the informant. It is stated that coaccused Munna Yadav struck with an iron rod on the informant's head causing serious injuries while the petitioner took out Rs.700/- in cash from the pocket of the informant.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No such

Patna High Court CR. MISC. No.21523 of 2024(2) dt.04-04-2024 2/2 occurrence as alleged in the FIR has taken place. The allegation of assault is not on the petitioner but is specific on co-accused Munna Yadav. The petitioner is in custody since 12.12.2023 and charge-sheet has been submitted in the case.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the allegation of assault being specific on co-accused Munna Yadav and not the petitioner herein, the petitioner being in custody for over 3 months since 12.12.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Chanpatiya P.S. Case no. 598 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, District- West Champaran.

(Partha Sarthy, J) avinash/- U T