Wakil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45341 of 2023 Arising Out of PS. Case No.-433 Year-2022 Thana- MANJHI District- Saran ====================================================== WAKIL YADAV Son of Vikrama Yadav R/O Village - Mubarakpur Rewar @ Mubarakpur Rewal Tola, P.S.- Manjhi, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 323, 324, 341, 379, 307, 302, 34 of the Indian Penal Code and charge sheet has been submitted under Sections 341, 323, 324, 379, 307, 302, 120B, 34 of the IPC.

3. As per FIR, the informant alleged that due to previous dispute, the petitioner, co-accused persons came and started breaking his wall and upon protest all accused persons assaulted him and when her mother and his family members came to save him all accused persons assaulted his mother due to which she sustained injuries and died during

Patna High Court CR. MISC. No.45341 of 2023(3) dt.01-11-2023 2/3 treatment and treatment of other family members of the informant is going on.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to previous dispute. There is no specific allegation levelled against the petitioner rather the specific allegation of assaulting by means of farsa upon the head of Amika Yadav and Ravi Kumar Yadav is levelled against coaccused, namely, Pappu Yadav. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 30.12.2022.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manjhi P.S. Case No. 433 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.45341 of 2023(3) dt.01-11-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist, Class Saran at Chhapra.

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