Patna High CourtCR. MISC./61939/2023allowed

Rajesh Yadav v. The State Of Bihar

2023-10-30Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52782 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SAGAR KUMAR @ SAGAR RAM S/O NAND KISHOR RAM R/O VILLAGE- BHATHWA, PS. KUCHAIKOTE, DIST. GOPALGANJ ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 61939 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- KUCHAIKOTE District- Gopalganj ====================================================== 1.

RAJESH YADAV S/o- SUDAMA YADAV Village- Bhathwa Ps- Kuchaikot Dist- Gopalganj 2.

Harkesh Yadav son of Sudama Yadav Village- Bhathwa Ps- Kuchaikot DistGopalganj ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 52782 of 2023) For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Choubey Jawahar (In CRIMINAL MISCELLANEOUS No. 61939 of 2023) For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 341, 323, 324, 326, 307, 353, 379/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.52782 of 2023(3) dt.30-10-2023 2/3

3. It is a case of assaulting and allegation against the petitioners is that they have assaulted to the informant by means of knife, rod, lathi and danda due to which he sustained injury on his head and other part of body.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. There is no specific allegation of assault against the petitioners rather there is general and omnibus allegation against the petitioners along with other accused persons. It is further submitted that the petitioners are languishing in judicial custody since 16.05.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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

Patna High Court CR. MISC. No.52782 of 2023(3) dt.30-10-2023 3/3 of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Gopalganj in connection with Kuchaikote P.S. Case No.231 of 2023.

(Sunil Kumar Panwar, J) lata/- U T