Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62035 of 2023 Arising Out of PS. Case No.-155 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== 1.

Suresh Yadav Son of Jugeshwar Yadav, Resident of Village- Murli, PsBaheri, Distt- Darbhanga. 2.

Nirmal Yadav Son of Suresh Yadav Resident of Village- Murli, Ps- Baheri, Distt- Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Advocate.

For the Opposite Party/s :

Mr. Raj Kishor Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 30-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Baheri P.S. Case No.155 of 2023, registered for the offences punishable under Sections 143, 341, 323, 324, 325, 308, 354, 379, 504 & 34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against the petitioner No.2 is that he assaulted the informant with Farsa on his head and both the petitioners have caught the hair of informant's wife and also cut her right hand finger by Farsa blow.

4. Learned counsel for the petitioners submits that the petitioners are father and son and are agnates of informant and

Patna High Court CR. MISC. No.62035 of 2023(6) dt.30-01-2024 2/2 they have been falsely implicated in this case due to land dispute between the parties. He further submits that the informant has earlier also filed a criminal case against the petitioners. He also submits that both the parties have entered into compromise and a petition in this regard has been filed before learned Court below. Learned counsel submits that petitioners are in jail custody since 30.05.2023, charge sheet has already been submitted in this case and there is no chance of absconding the petitioner or tampering with the evidence.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Darbhanga in connection with Baheri P.S. Case No.155 of 2023. (Sunil Dutta Mishra, J) Ritik/- U T