Pritam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35315 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- BARAHAT District- Banka ====================================================== PRITAM YADAV Son of Bhawesh Yadav Resident of Village - Mirzapur, P.s.- Barahat, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Veer For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 323, 333, 353, 307, 506 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons have created hindrance by pelting stones to the police party in discharging their official duty while they intercepted a tractor loaded with sand. Specific allegation against the petitioner is of assaulting to SDPO, Banka by means of lathi.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. General and omnibus allegations have been levelled

Patna High Court CR. MISC. No.35315 of 2022(3) dt.04-01-2023 2/2 against him. Allegation of assaulting to SDPO, Banka by the petitioner is totally falsely and not believable as at the time of alleged occurrence, he was under custody of the police force and for his release 20-25 other co-accused persons arrived there and attacked upon personnel for release of the petitioner. No any independent witness is examined. He has been falsely implicated in the present due to high handedness of police party. As per injury report, doctor opined bleeding and lacerated wound on scalp kept the opinion reserve. Petitioner is in custody since 09.02.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Barahat P.S. Case No. 28 of 2022. (Sunil Kumar Panwar, J) sushma/- U