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Patna High CourtCR. MISC./51311/2022allowed

Sakindra Yadav @ Satyendra Prasad @ Satyendra Yadav v. The State Of Bihar

2023-01-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51311 of 2022 Arising Out of PS. Case No.-72 Year-2020 Thana- ROH District- Nawada ====================================================== Sakindra Yadav @ Satyendra Prasad @ Satyendra Yadav S/O Late Rambalak Yadav Resident Of Village- Samraitha, P.S.- Roh, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 504, 307, 302/34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused persons arrived at the house of the informant and demanded a sum of Rs. 2000/- from the father of the informant by way of his contribution in the case they are fighting against others. When the informant's father expressed his inability,

Patna High Court CR. MISC. No.51311 of 2022(2) dt.11-01-2023 2/3 petitioner and co-accused persons assaulted and abused his father. When the informant and his family came to her rescue, the petitioner and co-accused persons, variously armed, came at the place of occurrence and assaulted the father of the informant, due to which he succumbed to injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Both parties are agnates and there is land dispute and money dispute between them. It is further submitted that no any witness has supported the prosecution version of the case. It is also submitted that petitioner is languishing in judicial custody since 27.06.2022. It is further submitted that similarly situated co-accused has been granted regular bail vide order dated 09.12.2022, passed in Cr. Misc. No. 51759 of 2022 by the coordinate Bench of this Court. Learned APP appearing for the State has

Patna High Court CR. MISC. No.51311 of 2022(2) dt.11-01-2023 3/3 vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Roh P.S. Case No. 72 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Nawada. (Sunil Kumar Panwar, J) nirajkrs/- U T