Birendra Yadav @ Virendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19936 of 2023 Arising Out of PS. Case No.-448 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Birendra Yadav @ Virendra Kumar Yadav S/O Late Gorelal Yadav Resident Of Village- Lodipur P.S.- Shiekhpur, District- Shiekhpura. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Syed. Rizwanul Haque, Adv.
For the Opposite Party/s :
Mr. M. K. Nirala, APP ======================================================= CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-06-2023 Heard Mr. Syed Rizwanul Haque, learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 448 of 2022, registered for the offences punishable under Sections 147, 149, 341, 323, 325, 379, 447, 504 and 506 of the Indian Penal Code. It is alleged that all the accused persons including the petitioner and five unknown persons armed with lathi, danda and rod intercepted the informant and started abusing. On protest being made, all of them assaulted the informant causing serious injuries over his body. It is further alleged that this petitioner took away Rs. 3,000/- and his mobile. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.19936 of 2023(2) dt.15-06-2023 2/3 submits that from the FIR it is evident that all the offences as alleged in the FIR are bailable in nature, except Section 379 of the Indian Penal Code, which is nothing but ornamental and highly improbable. He further submits that no specific allegation of assault has been attributed against the petitioner, apart from the fact that both the parties are co-villagers and friends but on account of some altercation between them, the instant occurrence took place. He further submits that though the petitioner is carrying one criminal antecedent but the same is related to land dispute and he is not a habitual offender. He next submitted that though some of the injuries have been found to be grievous in nature but same has not been specifically attributed to the petitioner.
On the other hand, learned counsel for the State opposed the bail application.
Regard being had to the submissions made on behalf of the parties and considering the fact that all the offences as alleged in the FIR are bailable except the offence under Section 379 of the Indian Penal Code, let the petitioner abovenamed be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail
Patna High Court CR. MISC. No.19936 of 2023(2) dt.15-06-2023 3/3 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 448 of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. (Harish Kumar, J) Anjani/- U T