Adhik Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27103 of 2021 Arising Out of PS. Case No.-123 Year-2020 Thana- HALSI District- Lakhisarai ====================================================== ADHIK YADAV Son of Sukhdeo Yadav Resident of Village - Bhanpura, P.S.- Halsi, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504 & 506/34 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused is said to have assaulted the wife of informant and the informant's son by means of lathi, danda and khanti. The reason behind the occurrence is said to be dispute of

Patna High Court CR. MISC. No.27103 of 2021(2) dt.23-07-2021 2/2 a passage.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to land dispute. No incriminating article has been recovered from his conscious physical possession. As a matter of fact, the petitioner is the own uncle of the informant and they reside in one ancestral house and there is land and property dispute between the parties. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 26.12.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Halsi P.S. Case No.123 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T