Patna High CourtCR. MISC./38292/2023allowed

Tetar Yadav v. The State Of Bihar

2023-07-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38292 of 2023 Arising Out of PS. Case No.-366 Year-2022 Thana- DHURAIYA District- Banka ====================================================== 1.

TETAR YADAV Son of Late Hari Yadav Resident of village- Kachahari Pipara, P.S. - Dhoraiya, Distt. - Banka 2.

ARVIND YADAV Son of Kailash Yadav Resident of village- Kachahari Pipara, P.S. - Dhoraiya, Distt. - Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manohar Prasad Singh For the Opposite Party/s :

Mr.Usha Kumari 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 323, 325, 307, 506, 504/34 of the Indian Penal Code and Section 3(i)(r)(va) (POA) SC/ST Act.

Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. Both parties have received

Patna High Court CR. MISC. No.38292 of 2023(2) dt.14-07-2023 2/2 injuries in alleged occurrence. General and omnibus allegation has been levelled against the petitioners. They have got no criminal antecedent. Petitioners have no criminal antecedents and both are languishing in judicial custody since 16.02.2023. Learned APP appearing for the State has opposed the prayer of Bail.

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 petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-I, Banka in connection with Dhoraiya PS Case No. 366 of 2022.

(Sunil Kumar Panwar, J) sushma/- U