Bimlesh Yadav @ Bimlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32470 of 2024 Arising Out of PS. Case No.-27 Year-2016 Thana- PARAIYA District- Gaya ====================================================== Bimlesh Yadav @ Bimlesh Kumar Son Of Jawahar Yadav @ Jamahir Yadav Village- Swami Bigha, P.S.- Paraiya, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Paraiya P.S. Case No. 27 of 2016, instituted for the offences punishable under Sections 341, 323, 379, 307, 504, 506 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that, petitioner along with other co-accused persons went to the under construction house of the informant, threatened them to stop and also assaulted them.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious
Patna High Court CR. MISC. No.32470 of 2024(2) dt.30-04-2024 2/2 possession of the petitioner. There is delay of eleven days in lodging the F.I.R. It is further submitted that the informant and accused persons are own gotiyas. There is admitted land dispute between the parties. The injury sustained by Sonu Yadav is grievous in nature caused by hard and blunt substance. The petitioner is in custody since 20.05.2023 and has got one criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Paraiya P.S. Case No. 27 of 2016.
(Rudra Prakash Mishra, J) Rajorshi/- U T