Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59665 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- HULASGANJ District- Jehanabad ====================================================== Devendra Yadav Son Of Nokhu Yadav Resident Of Village - Genda Bigha, P.S.- Hulasganj, Distt.- Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rahul Rathour, Advocate For the Opposite Party :

Mr.Raj Kishore Singh, Addl Public Prosecutor Mr. Umesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-02-2022 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 307/34 and other ancillary sections of the Indian Penal Code. As per the prosecution case, due to some land dispute, petitioner and other accused persons, all named in the FIR, reached the house of the informant and abused and assaulted him and his family members with lathi. They snatched the ornaments of the family members of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case as no such occurrence in fact took place between the parties. There is case and counter case in which petitioner side

Patna High Court CR. MISC. No.59665 of 2021(2) dt.08-02-2022 2/2 also sustained serious injuries. Petitioner has claimed clean antecedent and he is in custody since 27.7.2021. Learned counsel appearing for the State and the informant oppose the prayer for bail. They submit that there is direct and specific allegation against the petitioner that he assaulted the informant's brother Shankar Yadav causing him grievous injury.

Considering the aforesaid facts and circumstances of the case and the fact that there is case and counter case in which both sides sustained injuries, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Jehanabad in Hulasganj Police Station Case No. 34 of 2021.

(Prabhat Kumar Singh, J) Shashi U T