Bhagwan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38956 of 2023 Arising Out of PS. Case No.-40 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Bhagwan Yadav, S/O Late Misri Yadav, R/O Village- Bhataha Kachahari Tola, PS.Sugauli, Dist.East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner, informant and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sugauli P. S. Case No. 40 of 2023 lodged on 23.01.2023 under Sections 147, 148, 149, 341, 323, 324, 307, 379, 385, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the First Information Report has been lodged against nine named accused persons including the petitioner alleging therein that they all have attacked the informant, as a result of which the informant got injured.

4. Learned counsel for the petitioner submits that the specific allegation against the petitioner is that he is the order giver. He further submits that the petitioner is in custody since 26.03.2023 having no criminal antecedent. Learned counsel for

Patna High Court CR. MISC. No.38956 of 2023(2) dt.07-07-2023 2/2 the petitioner further submits that one co-accused, namely, Vashishth Yadav @ Bashishth Yadav has been granted regular bail by a co-ordinate Bench of this Court vide order dated 20.04.2023 passed in Criminal Miscellaneous No. 27294 of 2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that there is a direct allegation against the petitioner as an order giver.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Sugauli P.S. Case No. 40 of 2023, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J) Ashwini/- U T