Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26976 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- SHAHKUND District- Bhagalpur ====================================================== 1.

MAHENDRA YADAV SON OF LATE CHATRI YADAV R/O- VILLDAUNA, P.S.- SAHKUND (SAJOUR), DIST.- BHAGALPUR 2.

SONU YADAV SON OF MAHENDRA YADAV R/O- VILL- DAUNA, P.S.- SAHKUND (SAJOUR), DIST.- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2022 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 A.P.P. for the State.

The petitioners have preferred this application for grant of regular bail in a case registered u/s 147, 148, 149, 307, 323, 324, 504 and 506 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution case, the petitioner No.1 Mahendra Yadav assaulted the informant's brother-in-law Gajjo Yadav with farsa. The co-accused Pankaj Yadav assaulted the

Patna High Court CR. MISC. No.26976 of 2022(2) dt.01-09-2022 2/3 informant's husband with farsa and, thereafter, the co-accused persons Nipu Yadav and Chhotu Yadav fired from their pistols but the informant's family members saved themselves. 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 possession of the petitioners. There is no specific allegation against the petitioner No. 2 Sonu Yadav except that he was also involved in the alleged crime. The injury report of the injured Gajjo Yadav indicates that the injuries are simple in nature. The other co-accused has already been granted bail vide order dated 26.07.2022 passed in Cr. Misc. No. 69063/2021. The petitioners are in custody since 27.11.2021.

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 are directed to be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of

Patna High Court CR. MISC. No.26976 of 2022(2) dt.01-09-2022 3/3 the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Shahkund (Sajour) P.S. Case No. 213 of 2021.

The application stands allowed.

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