Baleshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43943 of 2023 Arising Out of PS. Case No.-1376 Year-2022 Thana- NAWADA District- Nawada ====================================================== Baleshwar Yadav S/O Laxhman Yadav Resident Of Village- Musan Bigha Ps Nagar Nawada Dist- Nawada ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nitish Kumar S/O Upendra Yadav R/O Village- Musan Bigha, Ps. Nagar Nawada, Dist. Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 337, 354(B), 307, 504, 506/34 of the Indian Penal Code, section 8 of the POCSO Act and Section 27 of Arms Act. As per prosecution case, the petitioner along with coaccused persons tried to outrage the modesty of informant's aunt (bua) and when she raised alarm, the informant along with others went to rescue her. Upon which, the petitioner caught hold the informant Bua, and co-accused Karu Yadav fired upon her due to which she sustained injury.

Patna High Court CR. MISC. No.43943 of 2023(2) dt.21-07-2023 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. As per FIR, the allegation against the petitioner is only caught hold the victim whereas, the specific allegation of firing has been made against co-accused Karu Yadav. It is further submitted that the petitioner is languishing in judicial custody since long.

Learned APP appearing for the state has 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 Nawada P.S. Case No. 1376 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-Vith-cum POCSO Act, Nawada.

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