Dilwar Yadav @ Dilbar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40595 of 2023 Arising Out of PS. Case No.-434 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Dilwar Yadav @ Dilbar Yadav S/O Subhash Yadav R/O Village- Bhokraha Pipra Vishanpur, Ps. K. Nagar, Dist. Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307/34 of the Indian Penal Code.

The prosecution case as per F.I.R is that all the F.I.R named accused accused persons including the petitioner came at the house of the informant and started assaulting the father of the informant. It is alleged against the petitioner that he assaulted with

Patna High Court CR. MISC. No.40595 of 2023(2) dt.14-07-2023 2/3 Garasi on the head of informant's father due to which, head of the informant's father badly injured. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 25.07.2022, the F.I.R was registered on 03.08.2022 without explaining the delay. The petitioner is alleged to have assaulted with Garasi on the head of the informant's father but the impugned order suggests that informant's father has sustained simple injury. There is land dispute between the parties and the charge-sheet has already been submitted. The petitioner is languishing in custody since 14.03.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period

Patna High Court CR. MISC. No.40595 of 2023(2) dt.14-07-2023 3/3 under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No. 434 of 2022.

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