Sintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23882 of 2024 Arising Out of PS. Case No.-398 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== Sintu Yadav s/o Amoli Yadav @ Anmol Yadav R/o Village Dahariya Ward No 10 PS Chhatapur District Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State.

2.

The petitioner seeks bail in connection with Chhatapur P.S. Case No. 398 of 2023 instituted for the offence under Sections 341, 323, 324, 325, 354(B), 307, 379, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in short is that co-accused, namely, Pramod Yadav and petitioner have assaulted the informant's son by means of farsa.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20-01-2024. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.23882 of 2024(2) dt.08-04-2024 2/2 counsel that petitioner has been falsely implicated in the present case. It is submitted that there is case and counter case between the parties. Learned counsel for the petitioner further submits that there is subsisting land dispute between the parties. There is no specific allegation attributed to the petitioner. As per impugned order, injured is mentioned to be grievous in nature. Petitioner is also injured in the occurrence. It is also submitted that there is delay in lodging of the FIR.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being subsisting land dispute between the parties, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chhatapur P.S. Case No. 398 of 2023.

(Rudra Prakash Mishra, J) Raj kishore/- U T