Bideshi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20703 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

BIDESHI YADAV S/O SIYA SHARAN YADAV Resident of VillageSarkuna, P.S.- Dulhin Bazar, District- Patna 2.

KAMESHWAR YADAV @ KANGRES YADAV S/O SIYA SHARAN YADAV Resident of Village- Sarkuna, P.S.- Dulhin Bazar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar Ray For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek regular bail in connection with Dulhin Bazar P.S. Case No. 285 of 2022 registered for the offence under Sections 147, 149, 341, 323, 307, 504 of the I.P.C. and Section 27 of Arms Act.

As per prosecution case, while the informant along with his brother were coming from field, meanwhile the accused persons surrounded them and starting assaulting them. During course of the incident, petitioner no.1 Bideshi Yadav fired which hit the informant due to which he sustained injury. Accordingly, the present FIR has been lodged.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.20703 of 2023(3) dt.20-07-2023 2/2 petitioners are innocent and have committed no offence. The petitioners and the informant are co-villagers and due to village politics and previous enmity, the petitioners have falsely been implicated in this case. There is case and counter case between the parties. It is further submitted that the informant has sustained only one gunshot injury which is alleged to be caused by petitioner no.1 but no specific allegation attributed against petitioner no.2 in the alleged occurrence. Both the petitioners have got no criminal antecedent and languishing in judicial custody since 26.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Dulhin Bazar P.S. Case No. 285 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st, Danapur, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T