Birendra Kumar @ Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59378 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- KONCH District- Gaya ====================================================== Birendra Kumar @ Birendra Yadav Son Of Faguni Yadav Resident Of Village - Karma, P.S. - Konch, Distt. - Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2023

1. 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, 307, 354, 379, 504, 506 of the Indian Penal Code and later on Section 302 was also added.

3. As per prosecution case, the allegation against the accused persons including the petitioner is that they armed with lathi, danda, and iron rod came at the house of the informant and started abusing and assaulting due to which informant and his father sustained injuries and during treatment his father succumbed to injuries. It is further alleged that accused persons also misbehaved with the

Patna High Court CR. MISC. No.59378 of 2023(2) dt.12-09-2023 2/3 informant's family ladies.

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 previous land dispute. There is no specific allegation levelled against the petitioner rather general and omnibus allegation levelled against him. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. It is further submitted that no incriminating article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordiante Bench of this Court vide order datd 09.08.2023 passed in Cr. Misc. No. 48750 of 2023. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.04.2023.

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

Patna High Court CR. MISC. No.59378 of 2023(2) dt.12-09-2023 3/3 directed to be released on bail in connection with Konch P.S. Case No. 510 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court. (Sunil Kumar Panwar, J) manishkumar/- U T