Patna High CourtCR. MISC./19992/2023allowed

Devan Yadav @ Devendra Yadav v. The State Of Bihar

2023-08-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19992 of 2023 Arising Out of PS. Case No.-98 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Devan Yadav @ Devendra Yadav Son Of Late Duddar Yadav @ Laggan Yadav Resident Of Village - Ram Chandrapur, P.S. - Jagdishpur (Goradih), Distt. - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 307, 447, 504, 506, 302/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting the informant and his husband, due to which the informant's husband succumbed to injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to old dispute. He has committed no offence. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. He further submitted that

Patna High Court CR. MISC. No.19992 of 2023(3) dt.01-08-2023 2/2 the other co-accused has already been granted bail by a Coordinate Bench vide order dated 29.04.2023 passed in Cr. Misc. No. 5199 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.11.2022.

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 as well as period of custody, 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 Court below in connection with Jagdishpur P.S. Case No. 98 of 2022.

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