Sita Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20676 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- DANDARI District- Begusarai ====================================================== Sita Ram Yadav S/O- Late Hirday Yadav @ Hirdi Yadav R/O- VillageParatrpur, P.S.- Dandari, Dist.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the State :

Mr. Ram Priya Sharan Singh, APP For the Informant :

Mr. Shubhesh Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant. 2.

The petitioner seeks bail in connection with Dandari P.S. Case No. 99 of 2023 instituted for the offence under Sections 341, 323, 379, 307, 504, 447, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that petitioner along with co-accused persons have assaulted the informant by means of lathi, danda, fists and slaps.

4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.20676 of 2024(2) dt.20-03-2024 2/3 that the petitioner is in custody since 12-01-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is alleged that petitioner has caught hold of the informant and co-accused, Jatan Yadav assaulted the informant on his head by means of iron rod. There is no specific allegation against the petitioner. There is case and counter case between the parties. It is submitted that there is subsisting land dispute between the parties. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, no specific allegation against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.20676 of 2024(2) dt.20-03-2024 3/3 Court below/concerned Court in connection with Dandari P.S. Case No. 99 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T