Podina Yadav @ Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23238 of 2023 Arising Out of PS. Case No.-41 Year-2021 Thana- MAIGRA District- Gaya ====================================================== PODINA YADAV @ UMESH YADAV Son of Anant Yadav VillageHarnitand Rampur,Ps- Maigra Dist- Gaya Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Javed Jafar Khan For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 354, 307, 379 of the Indian Penal Code and section 27 of the Arms Act.

3. As per allegation in the FIR, when the brother of the informant was carrying paddy bundles, all of a sudden, the petitioner and his associates started to assault him. It is further alleged that when other family members came there to rescue him, they were also assaulted by them. It is further alleged that accused persons have also committed theft of house hold articles.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.23238 of 2023(3) dt.19-07-2023 2/2 dirty village politics. Both parties are own agnates. The present case is counter blast of Maigra PS Case No. 42 of 2021 lodged by the petitioner's brother against the informant and others. Members of both sides have received injuries in the alleged scuffle. Similarly situated other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 18.05.2023 passed in Cr. Misc. No. 62491 of 2022. Petitioner is languishing in judicial custody since 08.01.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Sherghati (Gaya) in connection with Maigra PS Case No. 41 of 2021.

(Sunil Kumar Panwar, J) sushma/- U