Jagdish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50127 of 2023 Arising Out of PS. Case No.-691 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Jagdish Yadav Son Of Late Badri Yadav Alias Lakhan Yadav Resident Of Village - Khamhar (SATHUWA Tola), Police Station - Begusarai Mffasil, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-08-2023 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 Begusarai Muffasil P.S. Case No. 691 of 2018 dated 09.11.2018 registered for the offence punishable under Sections 341, 323, 379, 307 and 302 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the house of the informant and assaulted the informant and her husband due to

Patna High Court CR. MISC. No.50127 of 2023(2) dt.09-08-2023 2/3 which the informant's husband sustained injury. They looted away articles.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. Nothing has been recovered from the conscious possession of the petitioner. There is general and omnibus allegation against the petitioner. The other co-accused person has already been granted bail by the Co-ordinate Bench of this Court vide order dated 08.08.2019 passed in Cr. Misc. No. 49109 of 2019. There is case and counter case between the parties. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the informant's husband succumbed to the injury during the course of treatment.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody and the allegation being general and omnibus, the petitioner above-named, 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, Begusaria in connection with Begusarai Muffasil P.S. Case No.

Patna High Court CR. MISC. No.50127 of 2023(2) dt.09-08-2023 3/3 691 of 2018.

8. The application stands allowed.

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