Ajit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27830 of 2022 Arising Out of PS. Case No.-76 Year-2020 Thana- GURUA District- Gaya ====================================================== 1.

AJIT YADAV Son of Shyamnandan Yadav Resident of village - Thekha, P.S.- Gurua, District - Gaya.

2.

Binod Yadav @ Vinod Yadav Son of Mahavir Yadav Resident of village - Thekha, P.S.- Gurua, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manisha Prakash For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-09-2022 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, 341, 342, 323, 307 and 379 of the Indian Penal Code. As per the prosecution case, the informant along with his family members was at his home, in the meantime, the petitioner No. 2 Binod Yadav armed with Tangi came and inflicted a blow of Tangi on the informant's neck which was

Patna High Court CR. MISC. No.27830 of 2022(2) dt.15-09-2022 2/3 defended by the hand of the informant causing cut injury in his right hand and on second attack by the petitioner No. 2 Binod Yadav, the informant sustained cut injury on his left arm. When Ram Swroop Yadav and Ravinder Yadav came to rescue, the petitioner No. 1 Ajit Yadav assaulted on the head of the Ram Swroop Yadav with khanti. The co-accused Shayam Sunder Yadav also assaulted Ravinder Yadav causing fracture injury on his right hand.

Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioner No.1 is accused in four other criminal cases whereas the petitioner No. 2 is accused in one more criminal case as stated in para 3 of the bail petition. The petitioners are pattidar of the informant and there is a land dispute between them. It is further submitted that the injuries are grievous in nature caused by hard and blunt substance which are on non-vital part of the body. The petitioners are in custody since 13.12.2021.

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, the petitioners are directed to be enlarged on bail on

Patna High Court CR. MISC. No.27830 of 2022(2) dt.15-09-2022 3/3 furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court below, Sherghati, Gaya, in connection with Gurua P.S. Case No. 76 of 2020. The application stands allowed.

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