Patna High CourtCR. MISC./36215/2024allowed

Dinesh Yadav v. The State Of Bihar

2024-05-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36215 of 2024 Arising Out of PS. Case No.-269 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== Dinesh Yadav Son Of Late Basudeo Yadav Resident Of Village - Bakthar, P.S. - Khizarsarai, District - Gaya (Bihar) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan For the Opposite Party/s :

Mrs. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 325, 379, 307, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with co-accused persons are said to have assaulted the informant and his family members due to which they sustained injuries. The alleged occurrence took place in the background of dispute over construction of house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dispute over

Patna High Court CR. MISC. No.36215 of 2024(2) dt.16-05-2024 2/2 construction of house. There is general and omnibus allegation against the petitioner. Similarly situated co-accused Vishundeo Yadav has already been enlarged on bail by this Court vide order dt. 19.4.2024 passed in Cr. Misc. No. 6866 of 2024. It is further submitted that the petitioner is languishing in judicial custody since 20.3.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khizarsarai P.S. Case No. 269 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Gaya.

(Sunil Kumar Panwar, J) Amandeep/- U T