Butti Yadav @ Shiv Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61935 of 2023 Arising Out of PS. Case No.-59 Year-2022 Thana- DHORAIYA District- Banka ====================================================== Butti Yadav @ Shiv Kumar Yadav S/O Lakhi Yadav R/O Village- Rajbandh, P.S.- Dhoraiya, Dist.- Banka ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023

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, 341, 323, 325, 307, 436, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the accused persons including the petitioner is that due to land dispute they assaulted the informant and set his home on fire. It is further alleged that co-accused, Chhotu Yadav fired due to which one Deepak Yadav sustained injury on his thigh.

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.

Patna High Court CR. MISC. No.61935 of 2023(2) dt.18-09-2023 2/2 There is no specific allegation levelled against the petitioner. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 28.07.2023 passed in Cr. Misc. No. 46631 of 2023. It is further submitted that no consistent material has come out against the petitioner and he has got no criminal antecedent. Moreover, he is languishing in judicial custody since 20.05.2023.

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 directed to be released on bail in connection with Dhoraiya P.S. Case No. 59 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