Sharwan Yadav @ Pathar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22212 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- MANSI District- Khagaria ====================================================== SHARWAN YADAV @ PATHAR YADAV SON OF PUNIT YADAV R/OHARDIYA, P.S.-CHAUTHAM, DISTT.-KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Mansi P.S. Case no.354 of 2023 registered under sections 307, 341, 323, 379, 354 and 34 of the Indian Penal Code.
3. As per the prosecution case, it is stated that five named accused persons including the petitioner herein as also 23 unknown persons attacked the informant and on her son going to her rescue, he was also assaulted. It is further stated that co-accused Nitesh Kumar and Bittu Yadav took away the gold chain of the informant.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR. The
Patna High Court CR. MISC. No.22212 of 2024(2) dt.04-04-2024 2/2 allegations are general and omnibus in nature. The petitioner is in custody since 5.12.2023 and has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the general and omnibus allegation against the petitioner in the FIR together with the petitioner having remained in custody for 4 months since 5.12.2023, not having any criminal antecedent and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Mansi P.S. Case no.354 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria. (Partha Sarthy, J) Shiv/- U T