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Patna High CourtCR. MISC./69986/2021bail granted

Satyendra Yadav v. The State Of Bihar

2022-05-13Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64642 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== MANOJ YADAV Son of Birju Yadav Resident of Village - Dadpur, P.S.- Magadh University, Distt.- Gaya.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 69986 of 2021 Arising Out of PS. Case No.-20 Year-2021 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== 1.

SATYENDRA YADAV Son of Vijay Yadav @ Bijali R/o Village- Dadpur, P.S.- Magadh University, District- Gaya.

2.

VIKASH YADAV Son of Vijay Yadav @ Bijali Resident of Village- Dadpur, P.S.- Magadh University, District- Gaya.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 64642 of 2021) For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 69986 of 2021) For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-05-2022 Heard learned counsel for the parties through video conferencing.

The three petitioners in the two applications have prayed for grant of regular bail in connection with Magadh University P.S. Case no. 20 of 2021 registered under sections

Patna High Court CR. MISC. No.64642 of 2021(3) dt.13-05-2022 2/3 307, 147, 148, 149, 448 and 506 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated that on reaching near the place of occurrence the ten named accused persons including the three petitioners herein resorted to indiscriminate firing on the informant. On an attempt by the informant to escape, it is stated that the accused persons chased them. The informant some how managed to escape unhurt. It is further stated that the accused said that the informant should vacate the land or else the entire family would be killed. It is submitted by learned counsels for the petitioners that the petitioners have been falsely implicated in the case. Parties happen to be gotias and the cause of dispute which would be evident from the FIR itself is land dispute between the parties. No person was injured. The petitioners are in custody since 10.8.2021, 10.9.2021 and 10.9.2021 respectively. Investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the nature of allegations, no person having been injured in the occurrence together with chargesheet having been submitted in the case, all

Patna High Court CR. MISC. No.64642 of 2021(3) dt.13-05-2022 3/3 the three petitioners are directed to be enlarged on bail in connection with Magadh University P.S. Case no. 20 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Gaya. (Partha Sarthy, J) Spd/- U T