Dinesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37770 of 2020 Arising Out of PS. Case No.-337 Year-2020 Thana- BAHADURPUR District- Darbhanga ====================================================== DINESH YADAV SON OF PALAT YADAV RESIDENT OF VILLAGEGHONGHATTA, P.S.- BAHAADURPUR (PATOR O.P.), DISTRICTDARBHANGA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shama Sinha For the Opposite Party/s :
Mr. N. Tiwary, APP For the Informant :
Mr. Pankaj Kumar Das ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.
Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. A supplementary affidavit has been filed on behalf of the petitioner stating the correct criminal antecedents of the petitioner. The same be kept on record.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 354, 427, 379, 504, 506 of the Indian Penal Code, 27 of the Arms Act and 3 and 4 of Explosive Substance Act.
The prosecution case in short is that owing to land dispute, the accused persons came to the house of the informant and assaulted
Patna High Court CR. MISC. No.37770 of 2020(2) dt.08-02-2021 2/2 the informant due to which he sustained injury. The accused persons also hurled the bomb in the occurrence.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.8.2020. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Darbhanga in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 337 of 2020.
(Sudhir Singh, J) Pankaj/- U T