Dipu Yadav @ Devendra Kumar Yadav @ Dipu Kumar Yadav @ Devendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19845 of 2024 Arising Out of PS. Case No.-174 Year-2022 Thana- RANIYATALAB District- Patna ====================================================== Dipu Yadav @ Devendra Kumar Yadav @ Dipu Kumar Yadav @ Devendra Yadav Son of Sri Krishna Yadav Resident of Village- Patut, Ps- Rani Talab, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rupesh Kumar, Adv.
For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rani Talab P.S. Case No. 174 of 2022 instituted for the offences under Sections 147, 341, 323, 379, 307, 504, 506 of the Indian Penal Code.
3. As per prosecution case, the accusation against the petitioner is of assaulting the Informant by means of iron rod two times as a result of which he sustained injury on his head and eye.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.
Patna High Court CR. MISC. No.19845 of 2024(2) dt.18-03-2024 2/3 There is a land dispute between the parties. The allegation levelled against he petitioner is general and omnibus in nature. He further submits that there is delay of two days in lodging the F.I.R. without explanation for the same. Both the parties reside in the same village. Charge-sheet has been submitted in this case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 25.11.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Rani Talab P.S. Case No. 174 of 2022, subject to following conditions;
(i) One of the bailors shall be own/close member of the family of the petitioner.
(ii) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.19845 of 2024(2) dt.18-03-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) rishi/- U T