Dharamdeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28730 of 2024 Arising Out of PS. Case No.-129 Year-2023 Thana- BALIYA District- Begusarai ====================================================== 1.
Dharamdeo Yadav Son Of Fago Yadav Resident Of Village - Jagdishpur, P.S. - Balia, District - Begusarai 2.
Shyam Sunder Kumar Son Of Dharamdeo Yadav Resident Of Village - Jagdishpur, P.S. - Balia, District - Begusarai ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Devika Rani For the Opposite Party/s :
Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioners along with others is of assaulting the informant and his family members due to which they sustained injury.
4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. There is general and omnibus allegation against these petitioners rather the specific allegation
Patna High Court CR. MISC. No.28730 of 2024(2) dt.26-04-2024 2/2 of firing is against co-accused Ramchabila Yadav and coaccused Nitish Yadav. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 10.10.2023 passed in Cr. Misc. No. 63595 of 2023. Petitioner no. 1 is languishing in judicial custody since 5.12.2023 and petitioner no. 2 is in custody since 26.8.2023. They are languishing in judicial custody since 19.05.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Balia P.S. Case No. 129 of 2023. (Sunil Kumar Panwar, J) sushma/- U