Bengali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26664 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

Bengali Yadav Son Of Late Lakhnarayan Singh Resident Of Village - Mogalpura Bigha, P.S. - Bakhtiyarpur, District - Patna 2.

Laddu Yadav Son Of Bengali Yadav Resident Of Village - Mogalpura Bigha, P.S. - Bakhtiyarpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Bakhtiyarpur P.S. Case No. 53 of 2024 instituted for the offence under Sections 341, 307, 504, 506 & 34 of the Indian Penal Code.

3.

Prosecution case in a nutshell is that co-accused persons including the petitioners have fired upon the informant, due to which she sustained injury.

4.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 02-02-2024. Petitioners have no criminal antecedent.

Patna High Court CR. MISC. No.26664 of 2024(2) dt.09-04-2024 2/3 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Learned counsel for the petitioners submits that there is admitted land dispute between the petitioner No. 1 and the uncle of the informant, which is apparent from the FIR itself. No incriminating article has been found from the possession of the petitioner No. 1. It is also submitted that there is no specific allegation against the petitioner No. 1. Learned counsel for the petitioners goes on to submits that so far as allegation against the petitioner No. 2 of firing is concerned, there was no intention to cause any death. It is also submitted that injury sustained is opined to be simple in nature, which was caused by petitioner No. 2.

6.

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

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and there being admitted land dispute, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioner No. 1, namely, Bengali Yadav, be released on bail and petitioner No. 2, namely, Laddu Yadav, be released on bail, after framing of charge, if not

Patna High Court CR. MISC. No.26664 of 2024(2) dt.09-04-2024 3/3 already framed, 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 Bakhtiyarpur P.S. Case No. 53 of 2024. (Rudra Prakash Mishra, J) Raj Kishore/- U T