Bijendra Kumar @ Bijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47842 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- JADIA District- Supaul ====================================================== Bijendra Kumar @ Bijendra Yadav S/O Dukhan Yadav R/O VillageParsagadi, Ward No-3, P.S- Jadiy, Distt.- Supaul. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code and subsequently Section 302 of I.P.C. was added.

3. Allegation against co-accused persons along with this petitioner is that they assaulted the father of the informant due to which he sustained injuries and later on during treatment, he succumbed to injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any specific overt act has been levelled against the petitioner rather general and

Patna High Court CR. MISC. No.47842 of 2024(2) dt.12-07-2024 2/2 omnibus allegation has been attributed against him. There is land dispute between the parties. Nothing consistent material has come against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated co-accusedShankar Yadav has already been granted bail by this Court vide order dated 02.07.2024 in Cr. Misc. No. 30496 of 2024. Moreover, the petitioner is languishing in judicial custody since 26.03.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Jadia P.S. Case No. 223 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul.

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