Chandrakant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28579 of 2022 Arising Out of PS. Case No.-300 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Chandrakant Yadav Son Of Late Jagdish Yadav R/O Village- Kajipur Tola (HEMANT Bigha), P.S.- Belaganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State. The petitioner seeks regular bail in connection with Belaganj P.S. Case No.300 of 2021, registered for the offences punishable under Sections 147, 341, 323, 307, 504 & 506 of the Indian Penal Code.

The allegation is regarding the petitioner and one another co-accused person having arrived at the house of the informant, whereafter they had assaulted the informant and other persons resulting in one person, namely, Rajaram Yadav sustaining grievous injury.

Patna High Court CR. MISC. No.28579 of 2022(4) dt.19-01-2023 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 06.02.2022. Learned counsel for the petitioner has further submitted that the present case arises out of case and counter case inasmuch co-accused person has lodged a case bearing Belaganj P.S. Case No.332 of 2021, against the informant of the present case and others. Learned counsel for the petitioner has also submitted that the alleged occurrence has taken place on account of land dispute amongst the parties. Lastly, it is submitted that the petitioner has been sufficiently punished on account of the period of incarceration already undergone by the petitioner.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the

Patna High Court CR. MISC. No.28579 of 2022(4) dt.19-01-2023 3/3 submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the fact that the petitioner is having a clean antecedent and is languishing in custody since 06.02.2022, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged 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 learned Additional Chief Judicial Magistrate-II, Gaya in connection with Belaganj P.S. Case No.300 of 2021.

(Mohit Kumar Shah, J) kanchan/- U T