Patna High CourtCR. MISC./47292/2023bail granted

Dularchand Yadav v. The State Of Bihar

2023-08-03Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47292 of 2023 Arising Out of PS. Case No.-136 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== DULARCHAND YADAV Son of Late Jageshwar Yadav Resident of village - Nauru Tola Darbari Bigha, P.S. - Parasbigha, Distt. - Jehanabad ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Parasbigha P.S. Case No. 136 of 2022 dated 20.6.2022 registered for the offence punishable u/s 341, 323, 307, 379, 504, 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with co-accused person is alleged to have assaulted the informant with khanti and further, the petitioner assaulted the

Patna High Court CR. MISC. No.47292 of 2023(2) dt.03-08-2023 2/3 grandson of the informant with spade due to which he sustained head injury. Further, the co-accused Ranjit Kumar assaulted the daughter-in-law of the informant with the butt of pistol and snatched her golden chain and ear rings.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is land dispute between the parties. The petitioner is full brother of the victim. The injury is said to be grievous in nature but in the injury report, depth of injury is not mentioned by the Doctor. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 1.4.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Parasbigha P.S. Case

Patna High Court CR. MISC. No.47292 of 2023(2) dt.03-08-2023 3/3 No. 136 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T