Batoran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45461 of 2022 Arising Out of PS. Case No.-133 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Batoran Yadav Son Of Rasho Yadav R/O Village- Khodawandpur Tola, Gorbatta, Ward No. 01, P.S.- Khodawandpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 133 of 2022 registered for the offence under Sections 341, 323, 307, 354(B), 379, 504, 506 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 22.05.2022.

The allegation against the petitioner is to assault

Patna High Court CR. MISC. No.45461 of 2022(3) dt.22-12-2022 2/3 informant and others, along with other co-accused persons, while equipped with iron rod, lathi etc. causing injuries, having intention to cause their death.

Learned counsel appearing on behalf of the petitioner submitted that petitioner has falsely been implicated in this case due to longstanding land dispute, pending between the parties. It is submitted that allegation against this petitioner is very superficial and limited to give order to other co-accused persons to made assault to informant and others. While concluding the argument, it is submitted that investigation in this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State opposes the prayer of bail.

In view of the facts and circumstances, as mentioned above, as allegation against this petitioner is limited to give order to other co-accused persons, where petitioner is in custody since 22.05.2022 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Khodawandpur P.S. Case No. 133 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.45461 of 2022(3) dt.22-12-2022 3/3 satisfaction of learned Sub-Divisional Judicial Magistrate, Manjhoul, Begusarai/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) R.S.Sen/- U T