Patna High CourtCR. MISC./48383/2023bail granted

Lakshman Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48383 of 2023 Arising Out of PS. Case No.-119 Year-2019 Thana- BARBIGHA District- Sheikhpura ====================================================== LAKSHMAN YADAV SON OF SURESH YADAV R/O-BADHANPURA, P.S.-JAIRAMPUR (BARBIGHA), DISTT.-SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed. Rizwanul Haque For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023

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 Barbigha (Mission O.P.) P.S. Case No. 119 of 2019 dated 13.5.2019 registered for the offence punishable u/s 341, 323, 379, 307 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the informant along with his Arun Singh, Sonu Kumar and Vikas Kumar was going to purchase some jewellery. In the meantime, the petitioner and

Patna High Court CR. MISC. No.48383 of 2023(2) dt.08-08-2023 2/3 the co-accused persons assaulted the informant and tried to snatch the bag containing Rs. 1,00,000/- in cash. Further, Vikas Yadav got injury on his head and he was referred to the hospital for his treatment.

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 general allegation of assaulting is against the petitioner. The injury is simple in nature caused by hard and blunt substance. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.5.2023.

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, Sheikhpura in connection with Barbigha (Mission O.P.) P.S. Case No. 119 of 2019.

Patna High Court CR. MISC. No.48383 of 2023(2) dt.08-08-2023 3/3

8. The application stands allowed.

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