Banhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41083 of 2025 Arising Out of PS. Case No.-96 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== Banhu Yadav S/o Late Mishari Yadav R/o Village- Bagahi Ahir Toli, Ward No 1, P.S.- Srinagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Srinagar P.S Case No. 96 of 2024 registered for the offences punishable under Sections 341, 342, 323, 324, 307, 379, 504, 506 and 34 of the I.P.C.

3. As per prosecution case, petitioner along with coaccused variously armed assaulted the informant and his father.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is next submitted that allegation against the petitioner is general and omnibus in nature. It is further submitted that petitioner has got clean antecedent as stated in paragraph-3 of the bail application.

Patna High Court CR. MISC. No.41083 of 2025(2) dt.09-07-2025 2/2 It is also submitted that petitioner is in judicial custody since 02.05.2025.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.

6. On perusal of the FIR and impugned order, it appears that allegation against the petitioner along with coaccused is to have assaulted the informant by means of iron rod. Allegation against the petitioner is general and omnibus in nature. From impugned order it appears that there is case and counter case between the parties and the case and counter case has been compromised between the parties. Petitioner is in judicial custody since 02.05.2025.

7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 Judicial Magistrate, Bettiah, District- West Champaran in connection with Srinagar P.S Case No. 96 of 2024.

(Ramesh Chand Malviya, J) Mayank/- U