Vashishth Yadav @ Bashishth Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27294 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Vashishth Yadav @ Bashishth Yadav Son of Bhagwan Yadav Resident of village - Bhataha Kachahari Tola, P.S.- Sugauli, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 147,148, 149, 341, 323, 324, 307, 379, 385, 504 and 506 of the Indian Penal Code.

The prosecution case, in brief, is that while the informant was sitting at his door, in the meantime all accused persons along with the petitioner variously armed with came there and started abusing and assaulting due to which informant's side sustained injury. It is further alleged that the accused persons entered into house of the informant

Patna High Court CR. MISC. No.27294 of 2023(2) dt.24-05-2023 2/3 and took away ornament worth Rs. 5,00,000/- and threatened him.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. There is general and omnibus allegation against the petitioner. The petitioner is said to have assaulted Dilip Yadav by means of lathi causing fracture in his leg. As per Annexure-2 doctor has found three injuries in which injury no.1 and 2 are simple in nature and injury no.3 is not on vital part of the body. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 26.01.2023.

Learned APP appearing for the state and learned counsel for the informant have 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 period of 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 Sugauli

Patna High Court CR. MISC. No.27294 of 2023(2) dt.24-05-2023 3/3 P.S. Case No. 40 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 Chief Judicial Magistrate, Motihari, East Champaran.

(Sunil Kumar Panwar, J) Manish/lata/- U T