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Patna High CourtCR. MISC./67030/2022bail granted

Vijal Yadav v. The State Of Bihar

2023-02-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67030 of 2022 Arising Out of PS. Case No.-147 Year-2022 Thana- MAHESHKHUNT District- Khagaria ====================================================== 1.

Vijal Yadav Son of Late Jago Yadav, Resident of Village- Madarpur, P.S.- Maheshkhunt, District- Khagaria.

2.

Vibhuti Yadav Son of Subhash Yadav, Resident of Village- Madarpur, P.S.- Maheshkhunt, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners seek regular bail in connection with Maheshkhunt P.S. Case No. 147 of 2022 (G.R. No. 1757 of 2022), lodged under Sections 341, 307, 326, 379, 34 of the Indian Penal Code.

As per prosecution case, the F.I.R. has been lodged against 5 named accused persons. The specific allegation against the petitioners alongwith other accused persons that they all have brutally cut the body of informant's father. In the said case the father of informant went to Basa of Vijay Yadav in injured state. From the Basa, the cousin of informant contacted on phone with informant, thereafter, they all brought his father to

Patna High Court CR. MISC. No.67030 of 2022(2) dt.27-02-2023 2/2 the hospital and it is due to this reason F.I.R. has been lodged with delay.

Learned counsel for the petitioners submits that from the contents of F.I.R. itself, it transpires that the present F.I.R. has been filed on hearsay material. He further submits that antecedent of petitioners are clean and they are in custody since 04.07.2022.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Maheshkhunt P.S. Case No. 147 of 2022 (G.R. No. 1757 of 2022), subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T