Dilip Kumar Yadav @ Dilip Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49202 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- NADI District- Supaul ====================================================== 1.
DILIP KUMAR YADAV @ DILIP YADAV Son of Brahmdeo Yadav Resident of Village-Rasuar Tola, Kyotapatti, P.S.-Supaul (Nadi), DistrictSupaul 2.
ANIL KUMAR YADAV Son of Brahmdeo Yadav Resident of VillageRasuar Tola, Kyotapatti, P.S.-Supaul (Nadi), District-Supaul 3.
BASUDEO YADAV Son of Ganga Yadav Resident of Village-Rasuar Tola, Kyotapatti, P.S.-Supaul (Nadi), District-Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Murari Narain Chaudhary For the Opposite Party/s :
Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-08-2023
1. Learned counsel for the petitioners 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 petitioners and learned A.P.P. for the State.
3. The petitioners have preferred this application for grant of regular bail in connection with Supaul (Nadi) P.S. Case No. 16 of 2023 dated 15.02.2023 registered for the offences punishable u/ss 143, 147, 148, 149, 307, 323, 341, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
4. As per the prosecution case, the alleged fight took
Patna High Court CR. MISC. No.49202 of 2023(2) dt.17-08-2023 2/3 place between the two groups on a conflict over not giving pass to the barat party by the driver of the tractor. On search, two empty cartridges were recovered from the place of occurrence.
5. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Nothing incriminating material has been recovered from the conscious possession of the petitioners. The petitioner nos.1 and 2 are accused in five other criminal cases while petitioner no. 3 is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner nos. 1, 2 and 3 are in custody since 16.02.2023, 04.04.2023 and 16.02.2023 respectively.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Supaul in connection with Supaul Nadi P.S. Case No. 16 of 2023.
Patna High Court CR. MISC. No.49202 of 2023(2) dt.17-08-2023 3/3
8. The application stands allowed.
(Chandra Prakash Singh, J) Alok Verma/- U T