Patna High CourtCR. MISC./65625/2023allowed

Nago Yadav @ Nago Prasad Yadav v. The State Of Bihar

2024-01-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65625 of 2023 Arising Out of PS. Case No.-243 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Nago Yadav @ Nago Prasad Yadav Son Of Raghuni Yadav Resident Of Village-Sahugarh Diwani Tola, Ward No. 14, Police Station And DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupesh Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is that he caught hold the informant's father and co-accused, namely, Deepak Kumar hit him on his head due to which informant's father sustained injury and later on he died in the hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. No any specific overt act of assaulting against the petitioner rather

Patna High Court CR. MISC. No.65625 of 2023(4) dt.09-01-2024 2/2 specific allegation of assault is against co-accused Deepak Kumar. Moreover, the petitioner is languishing in judicial custody since 29.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhepura P.S. Case No. 243 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Madhepura.

(Sunil Kumar Panwar, J) Shubham/- U T