Yogendra Yadav @ Jogi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17672 of 2023 Arising Out of PS. Case No.-144 Year-2022 Thana- MANSI District- Khagaria ====================================================== Yogendra Yadav @ Jogi Yadav, Son of Late Chamaru Yadav, Resident Of VillageChakhussaini, Ward No.-5, P.S- Mansi, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 341, 323, 307, 302/34 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant ploughing his field, petitioner along with other co-accused persons, variously armed, came at his field and restrained the informant from working in his field. On protest, they assaulted the informant. When the brother and father of the informant came to rescue him, they were also assaulted. It is further alleged that co-accused Arvind Kumar Yadav assaulted the father of informant by iron rod

Patna High Court CR. MISC. No.17672 of 2023(2) dt.12-05-2023 2/3 due to which he succumbed to injuries during the course of treatment.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. There is no specific allegation against the petitioner rather the specific allegation of assaulting the father of the informant is against co-accused Arvind Kumar Yadav. There is general and omnibus allegation against the petitioner. There is land dispute between the parties. It is further submitted that similarly situated other co-accused, namely, Amarji Kumar @ Amar has already been granted bail by this Bench vide order dated 29.04.2023 passed in Cr. Misc. No. 17130 of 2023. The petitioner is languishing in judicial custody since 26.11.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined

Patna High Court CR. MISC. No.17672 of 2023(2) dt.12-05-2023 3/3 to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mansi P.S. Case No. 144 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Khagaria. (Sunil Kumar Panwar, J) lata/- U T