Alok Yadav @ Alok Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24260 of 2024 Arising Out of PS. Case No.-94 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== ALOK YADAV @ ALOK KUMAR YADAV S/O LATE NITYANAND YADAV @ DHANI YADAV R/O VILLAGE- LOVELY NAGAR SABOUR, P.S- SABOUR, DISTT.- BHAGALPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeshkumar Singh, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 447, 307, 325, 504, 506 of the Indian Penal Code.

3. The prosecution case, in brief, is that on 14.02.2023 in the morning, when the informant Navin Kumar was raising boundary on his land, the petitioner came there and demanded Rs. 50,000/- as ransom. On protest, the petitioner brought dabia and assaulted the informant due to which the informant received cut injury upon his little left finger. It is also alleged that the petitioner took the informant's golden chain and Rs.

Patna High Court CR. MISC. No.24260 of 2024(3) dt.10-04-2024 2/3 3100/- cash from the pocket of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and he has committed no offence. No such occurrence as alleged in the FIR has ever taken place. Petitioner has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is admitted land dispute between the parties and for the same reason, the present false case has been lodged by the informant against the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application and he is in custody since 27.09.2023.

5. Learned APP for the State opposes the prayer for bail and submits that there is serious allegation against the petitioner to assault the informant by means of dabia due to which the informant sustained grievous injury. Hence, the petitioner does not deserve to be enlarged on bail.

6. Considering the facts and circumstances of the case and the period of custody as well as the fact that there is admitted land dispute between the parties, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with

Patna High Court CR. MISC. No.24260 of 2024(3) dt.10-04-2024 3/3 two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court, in connection with Sabour P.S. Case No. 94 of 2023. (Anjani Kumar Sharan, J) divyanshi/- U T