Amarjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68233 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== AMARJEET YADAV Son of Ram Chandra Yadav @ Ramchandra Chaudhari Resident of Village - Pachhimi Harihans Kudhan Tola, P.S.- Hussainganj, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 341, 323, 324, 325 and 34 of the Indian Penal Code.

As per the prosecution case, four named accused persons including the petitioner herein are said to have come variously armed and of having assaulted the informant and others leading to serious injuries. It is stated that there is land dispute between he parties.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of land dispute as is evident from the FIR itself. It is further submitted that there is specific allegation against the

Patna High Court CR. MISC. No.68233 of 2021(2) dt.16-05-2022 2/2 petitioner of having assaulted the informant with the khanti on the informant's thigh leading to fracture. However referring to the injury report of the informant which is Annexure-2 to the petition, learned counsel for the petitioner submits that the same does not support the prosecution case in so far as no injury has been found which may be attributed to this petitioner. The petitioner is in custody since 19.9.2021 and has no criminal antecedent. Chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the contents of the injury report together with the petitioner not having any criminal antecedent and having remained in custody for 7 months, the Court directs the petitioner to be enlarged on bail in connection with Hussainganj P.S. Case no. 37 of 2021 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 Additional Chief Judicial Magistrate-IXth, Siwan.

(Partha Sarthy, J) Bibhash/- U