Mahipal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46396 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- BHAIROGANJ District- West Champaran ====================================================== 1.
MAHIPAL YADAV SON OF PUJAN YADAV VILLAGE- SIRAUNA, KATA, P.S.- BHAIROGANJ, DISTT.- WEST CHAMPARAN 2.
SHIVDHARI YADAV SON OF LATE RAGHUNATH YADAV VILLAGESIRAUNA, KATA, P.S.- BHAIROGANJ, DISTT.- WEST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Adv.
For the Opposite Party/s :
Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Bhairoganj P.S. Case No. 18 of 2024 dated 22.04.2024 registered for the offences punishable under section 341, 342, 323, 324, 325, 307, 354B, 504, 509 and 34 of the Indian Penal Code.
3. As per the prosecution case, on 22.04.2024 at about 07:00 am, the informant and his family members were standing at their door, the petitioner and the co-accused persons came there and started abusing and assaulting the informant with lathi, rod etc.
Patna High Court CR. MISC. No.46396 of 2024(3) dt.12-08-2024 2/3
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. The allegations against the petitioners are general and omnibus in nature. The petitioners have no concern with the alleged occurrence. The petitioner no.1 has one criminal antecedent and petitioner no.2 has two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 23.04.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioners by submitting that the injury is on leg which is grievous in nature.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Bagaha, West Champaran, in connection with Bhairoganj P.S. Case No. 18 of 2024, with a condition:- (I) That the he petitioners are directed to remain physically present before the learned Court below on each and
Patna High Court CR. MISC. No.46396 of 2024(3) dt.12-08-2024 3/3 every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners will liable to be canceled.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T