Prabhu Nath Yadav @Padaku Yadav @ Pakanu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55821 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Prabhu Nath Yadav @PADAKU Yadav @ Pakanu Yadav Son Of Late Rajaram Yadav Resident Of Village- Gagaura, Ps- Buxar Industrial, DisttBuxar ... ... Petitioner/s The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-09-2023 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 147, 148, 149, 341, 323, 324, 307, 302, 379, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with other co-accused persons are said to have assaulted the informant's side by means of lathi, farsa, iron rod, brick, rama and bamboo due to which one Bhadeshwar Yadav from the informant's side succumbed to injuries in the way to 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 land dispute. It is

Patna High Court CR. MISC. No.55821 of 2023(2) dt.05-09-2023 2/2 further submitted that there is no specific overt act of assaulting against the petitioner rather the specific overt act of assaulting upon the deceased is against other co-accused persons, namely, Ramashis Yadav and Tej Narayan Yadav not against this petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated several co-accused persons have already been granted bail vide Annexure-3 series of this petition. Moreover, the petitioner is languishing in judicial custody since 15.04.2023.

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 Buxar (I) P.S. Case No. 04 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 Chief Judicial Magistrate, Buxar.

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