Patna High CourtCR. MISC./59990/2023allowed

Nitish Kumar Yadav v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59990 of 2023 Arising Out of PS. Case No.-20 Year-2023 Thana- LAUKAHI District- Madhubani ====================================================== NITISH KUMAR YADAV SON OF DINESH KUMAR YADAV @ DINESH PRASAD YADAV VILLAGE- BALUA, PS- LAUKAHI, DISTMADHUBANI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganga Deo Yadav with Mr. Ravi Prakash and Mr. Rajesh Kumar, Advocates For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 447, 448, 341, 323, 307, 354B, 379, 504, 506/34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of assaulting by means of kicks and fists and outraging the modesty to the wife of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The petitioner and informant residing same village and due to dispute of last panchayat election the

Patna High Court CR. MISC. No.59990 of 2023(2) dt.14-09-2023 2/2 present false case has been lodged. He further submitted that from the perusal of the injury report, it appears that the injury caused by the petitioner is simple in nature. He is languishing in judicial custody since 27.03.2023.

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 as well as period of custody, 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 Court below in connection with Laukahi P.S. Case No. 20 of 2023.

(Sunil Kumar Panwar, J) arish/- U