← Library
Patna High CourtCR. MISC./62182/2022allowed

Chaturi Yadav @ Chandeshwar Yadav v. The State Of Bihar

2023-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62182 of 2022 Arising Out of PS. Case No.-234 Year-2022 Thana- KATORIYA District- Banka ====================================================== CHATURI YADAV @ CHANDESHWAR YADAV S/O LATE GARBHU YADAV Resident of village- Tulsibaram, P.S.- Katoriya, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mithilesh Kumar Rai For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 342, 323, 302, 120(B), 504 and 506 of the Indian Penal Code. As per allegation in the FIR, while seventeen accused persons surrounded and assaulted the son of the informant, informant and his wife came their to save their son. It is further alleged that Pappu Yadav assaulted on the head of the informant's wife as a result of which she succumbed to the injuries.

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.

Patna High Court CR. MISC. No.62182 of 2022(2) dt.17-02-2023 2/2 Specific allegation of killing the informant's wife is against coaccused Pappu Yadav and assaulting to informant's son is against Rohit Kumar. Petitioner is innocent. Similarly situated co-accused Ravi Yadav has already been granted bail by a different Bench vide order dated 07.02.2023 passed in Cr. Misc. No. 58903 of 2022. Petitioner is languishing in judicial custody since 01.07.2022.

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

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 CJM, Banka in connection with Katoriya P.S. Case No. 234 of 2022. (Sunil Kumar Panwar, J) sushma/- U