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Patna High Court/25456/2023allowed

Yogendra @ Yogi Das @ Yogendra Das v. The State Of Bihar

2023-07-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25456 of 2023 Arising Out of PS. Case No.-67 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Yogendra @ Yogi Das @ Yogendra Das Son Of Late Kailash Das R/O Village- Mahapur, P.S.- Kawakole, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 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 341, 323, 325, 307, 504, 34 of the Indian Penal Code.

As per prosecution case, while the informant was returning to home, meanwhile the accused persons including the petitioner surrounded him and started assaulting him due to which the informant sustained injury. Further, co-accused Vinod Dash snatched Rs. 50,000/- from the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The informant and the petitioner are agnates and due to land dispute between them, this petitioner has falsely been made accused in

Patna High Court CR. MISC. No.25456 of 2023(3) dt.24-07-2023 2/2 the present case. As per injury report of the informant which is annexed with the case diary, all injuries sustained by the informant are simple in nature. He has got no criminal antecedent as stated in para-3 of the bail petitioner. Moreover, the petitioner is languishing in judicial custody since 6.2.2023. 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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kawakol (Kawakole) P.S. Case No. 67 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nawada. (Sunil Kumar Panwar, J) Amandeep/- U T