Dharmendra Yadav @ Bagedan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43312 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Dharmendra Yadav @ Bagedan Yadav S/O Jai Narayan Yadav @ Jag Narain Yadav R/O Village- Kalayanpur, Ps. Bihia, Dist. Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 201, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the accused persons including the petitioner is that came at the house of the informant and due to previous dispute they started assaulting to the informant's uncle. It is further alleged that the informant got information from the villagers that his uncle has been killed by the accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. One day before the occurrence an altercation held between the parities

Patna High Court CR. MISC. No.43312 of 2023(3) dt.13-09-2023 2/2 and due to which he has falsely been implicated in this case. The informant is not an eye witness of the alleged occurrence and no specific allegation levelled against the petitioner. It is further submitted that except suspicion no consistent material has come out against the petitioner. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.02.2023.

Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

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 Udwantnagar P.S. Case No. 16 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 concerned Court.

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