Patna High CourtCR. MISC./63755/2023allowed

Devendra Yadav v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63755 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- BARAHAT District- Banka ====================================================== 1.

Devendra Yadav S/O Chulhay Yadav R/O Village- Kharba, Ammatikar, Kolhatha, Ps. Barahat, Dist. Banka 2.

Mahendra Yadav S/O Chulhay Yadav R/O Village- Kharba, Ammatikar, Kolhatha, Ps. Barahat, Dist. Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajib Ranjan Jha For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation in the FIR, five accused persons came to the agricultural field of the informant and on order of Hemendra Yadav, petitioner no. 1 opened fire on Chhotu Kumar, son of the informant. Three accused persons including the petitioner no. 2 hurled bomb there to create fear. Learned counsel appearing on behalf of the petitioners

Patna High Court CR. MISC. No.63755 of 2023(2) dt.11-10-2023 2/2 has submitted that petitioners are innocent and have been falsely implicated in this case. There is case and counter case between the parties. Members of both sides have received injuries. As per injury report, annexed as Annexure-4 to the petition, injury received by the son of the informant is found to be simple in nature. Petitioner is languishing in judicial custody since 4.6.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Banka in connection with Banka Barahat P.S. Case No. 201 of 2022.

(Sunil Kumar Panwar, J) sushma/- U