Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21905 of 2023 Arising Out of PS. Case No.-773 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== ASHOK YADAV Son of Musafir Yadav Resident of village-Loh Singhana, P.S.-Akbarpur, District-Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 323, 324, 325, 307, 354B, 379, 506 of the Indian Penal Code.

As per allegation in the FIR, the informant alleged that the accused persons including the petitioner came his house and started assaulting him as well as his family members. The allegation against this petitioner is of assaulting the informant's son namely, Raj Kumar by means of Tangi.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and the informant are gran children to each other and

Patna High Court CR. MISC. No.21905 of 2023(2) dt.22-05-2023 2/2 due to land dispute the petitioner has falsely been implicated in this case. From perusal of FIR, it appears that the specific allegation of assaulting on the head of the informant's son is against co-accused Subodh Yadav whereas the petitioner assaulted the injured on his cheek but doctor opined that injury sustained by informant's son is simple in nature. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 11.1.2023. 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 petitioner on bail. The above named petitioner is directed to be released on bail in connection with Akbarpur P.S. Case No. 773 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M., Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T