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Patna High CourtCR. MISC./24895/2022bail granted

Taregan Yadav @ Shivnandan Yadav v. The State Of Bihar

2022-08-17Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24895 of 2022 Arising Out of PS. Case No.-23 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== 1.

TAREGAN YADAV @ SHIVNANDAN YADAV S/o Late Mangar Yadav R/o Village- Shahil, P.S.- Tankuppa, District- Gaya 2.

SARWAN YADAV S/o Taregan Yadav R/o Village- Shahil, P.S.- Tankuppa, District- Gaya 3.

LAXMAN YADAV S/o Taregan Yadav R/o Village- Shahil, P.S.- Tankuppa, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Sinha Mr. Praveen Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2022 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 APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered u/s 323, 325, 307, 338, 379, 504 and 506 read with 34 of the Indian Penal Code. As per the prosecution case, the petitioners are alleged to have assaulted the informant with lathi and danda causing injury and when his Bhaisur came to rescue, then he was

Patna High Court CR. MISC. No.24895 of 2022(2) dt.17-08-2022 2/3 assaulted by Sarwan Yadav with rod indiscriminately with an intention to kill.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners have clean antecedent as stated in para 3 of the bail petition. Nothing has been recovered from the conscious possession of the petitioners. It has been further submitted that the informant and his family members were pressurizing the petitioners to compromise in Tankuppa P.S Case No. 54 of 2011 which was lodged by the petitioners against the informant and his family members. There is general and omnibus allegations against the petitioners. The petitioner No.2, Sarwan Kumar received injury which is simple in nature. The petitioners are languishing in jail custody since 03.03.2022. Learned A.P.P. for the state Binod Kumar-III opposed the bail petition of the petitioners by submitting that there is specific allegation against the petitioners as the injured/informant sustained grievous injury.

Considering the aforesaid facts and circumstances as well as general and omnibus allegation against the petitioners, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

Patna High Court CR. MISC. No.24895 of 2022(2) dt.17-08-2022 3/3 each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Gaya in connection with Tankuppa P.S. Case No. 23 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T