← Library
Patna High CourtCR. MISC./60634/2023allowed

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

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60634 of 2023 Arising Out of PS. Case No.-764 Year-2020 Thana- NATHNAGAR District- Bhagalpur ====================================================== Bhola Yadav @ Bhola Prasad Yadav S/O- Chandar Yadav @ Chandar Prasad Yadav R/O- Village- Kisanpur, P.S.- Nathnagar, Dist.- Bhagalpur. ... ... Petitioner/s

Versus

The State Of Bihar Patna.

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and Section 3⁄4 of the Explosive Substance Act.

3. As per allegation in the FIR, informant was going to purchase goods at the shop of Rajesh Yadav, in the way he saw that all the FIR named accused persons including the petitioner was abusing Sahodar Yadav. Due to fear he bolted himself inside the house but all the accused persons started breaking the door by fists and legs. It is further alleged, the petitioner gave bombs to all accused persons then they hurled three bombs upon the informant and gathered people as a result

Patna High Court CR. MISC. No.60634 of 2023(2) dt.15-09-2023 2/2 of which informant and other villagers received injuries.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. General and omnibus allegation has been levelled against the petitioner. Three injured persons received simple lacerated injuries. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 21.6.2022 passed in Cr. Misc. No. 55734 of 2021.Petitioner is languishing 9.5.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned ACJM 1st, Bhagalpur in connection with Nathnagar (Madhusudanpur) PS Case No. 764 of 2020.

(Sunil Kumar Panwar, J) sushma/- U