Yogendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47697 of 2021 Arising Out of PS. Case No.-285 Year-2020 Thana- DAUDPUR District- Saran ====================================================== Yogendra Rai S/O Late Deo Ballam Rai R/O Village-Lejuar, P.S.-Daudpur, District-Saran (Chapra).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

22-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Daudpur P.S. Case No. 285 of 2020, registered for the offence under Section 307 & other allied sections of the Indian Penal Code. As per the prosecution case, on 29.11.2020 at about 4:00 PM, while the informant was at her house, then due to land dispute, this petitioner alongwith other FIR named accused persons came and abused her and called her 'Dian', which was objected by informant, as a result of which, the accused persons assaulted informant and her son and injured them. It is submitted on behalf of petitioner that admittedly, due to land dispute, the scuffle took place between the parties and on protest, this petitioner is alleged to have assaulted the informant and her son with handle of farsa. The prosecution

Patna High Court CR. MISC. No.47697 of 2021(2) dt.22-11-2021 2/2 version is contradicted by the medical report of the informant and her son, as they each sustained one injury on their person, but not caused by farsa and injury sustained by informant is simple in nature. Petitioner has got clean antecedent and he is in custody since 30.06.2021. Chargesheet has been submitted. Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of accusation, period of custody and clean antecedent of the petitioner, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Chapra, District - Saran in connection with Daudpur P.S. Case No. 285 of 2020.

(Prabhat Kumar Singh, J.) anay U T