Patna High CourtCR. MISC./34114/2024bail granted

Umesh Yadav @ Manish Kumar v. The State Of Bihar

2024-05-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34114 of 2024 Arising Out of PS. Case No.-1956 Year-2023 Thana- NAWADA District- Nawada ====================================================== Umesh Yadav @ Manish Kumar Son of Nandev Mandal Resident of Village - Mangar Bigha P.S. - Nawadah Town, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Nawadah P.S. Case No. 1956 of 2023 instituted for the offences under Section 307, 341, 323, 379, 354(A), 504, 506 and 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that on 22.12.2023 when the informant and his father-in-law arrived at his house then Umesh Yadav, Kamru Yadav, Nandeo Yadav and five unknown having iron rod and lathi started abusing the informant and his father-in-law and when the informant opposed, Umesh Yadav attacked on the head of the informant with iron rod and when Sunita Devi came to save, Suma Devi and Babita Devi assaulted Sunita Devi and Shyamta Devi with

Patna High Court CR. MISC. No.34114 of 2024(2) dt.02-05-2024 2/2 brick and Kamru Yadav took out Rs. 5000/- from his pocket.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case only on the basis of suspicion. The father-in-law of the informant and father of the petitioner are full brothers. Due to property dispute the occurrence took place. The injuries are found to be simple in nature. The petitioner is in custody since 17.02.2024 and has got antecedent of one criminal case.

5. Learned A.P.P. 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 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawadah P.S. Case No. 1956 of 2023.

(Rudra Prakash Mishra, J) Prakash/- U