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Patna High CourtCR. MISC./17855/2023allowed

Gangdayal Yadav @ Gangdayal Prasad v. The State Of Bihar

2023-05-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17855 of 2023 Arising Out of PS. Case No.-992 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Gangdayal Yadav @ Gangdayal Prasad Late Munar Yadav @ Late Munar Prasad Village Amawa Nakchhed, Pergana Kuwari, P.S. And Dist. Gopalganj ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 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 147, 148, 149, 341, 448, 323, 379, 327, 504, 506, 354, of the Indian Penal Code.

The allegation against the petitioner along with coaccused persons is that they assaulted and outraged the modesty of the informant. It is further alleged that all accused persons on gun point also looted jewelry worth Rs. 5 lakhs, and cash of Rs. 15,000/- from the house of the informant and fled away.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.17855 of 2023(2) dt.11-05-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. There is general and omnibus allegation of commission of offence is attributed against the petitioner. It is further submitted that good sense has been prevailed between the parties and this fact is corroborated by the informant counsel. The petitioner is languishing in judicial custody since 05.12.2022. 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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj P.S. Case No. 992 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., Gopalganj.

(Sunil Kumar Panwar, J) Manish/- U T