Kamakhaya Narayan Yadav @ Kamakhya Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26100 of 2023 Arising Out of PS. Case No.-342 Year-2022 Thana- GOGRI District- Khagaria ====================================================== 1.
KAMAKHAYA NARAYAN YADAV @ KAMAKHYA YADAV Son of Late Harbillav Yadav Resident of village - Usri, P.S.- Gogari, District - Khagaria 2.
Veer Prakash Yadav @ Bir Prakash Son of Kamakhya Yadav @ Kamakhaya Narayan Yadav Resident of village - Usri, P.S.- Gogari, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manohar Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Dr. Indiwar Kumari, APP For the Informant :
Mr. Ranjeet Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioners is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioners and learned A.P.P for the State.
The petitioners have preferred this application for grant of regular bail in connection with Gogari P.S. Case No. 342 of 2022 (GR No. 3420 of 2022) dated 25.11.2022 registered for the offences punishable u/s 341, 323, 324, 307, 379, 354, 504 and 506 read with section 34 of the Indian Penal Code and 27 of Arms Act. As per the prosecution case, the petitioners and the coaccused persons are alleged to have assaulted the informant's husband with lathi, danda while he was working in his field and the
Patna High Court CR. MISC. No.26100 of 2023(2) dt.24-05-2023 2/2 petitioner no.1 fired on the informant's husband which hit his hand. When the informant's son came to rescue, he was also assaulted by all the accused persons.
Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The specific allegation of firing is against the petitioner no. 1 which hit on the non-vital part of the informant's husband. The petitioners are also accused in four criminal cases in which they are on bail as stated in para 3 of the bail petition. The petitioners are in custody since 26.11.2022 and 01.12.2022 respectively. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Gogari P.S. Case No. 342 of 2022 (GR No. 3420 of 2022).
The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T