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Patna High CourtCR. MISC./60992/2022allowed

Amrendra Kumar Yadav v. The State Of Bihar

2023-02-20Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60992 of 2022 Arising Out of PS. Case No.-411 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== Amrendra Kumar Yadav Son Of Ram Sogarth Yadav Resident Of VillageBrahampur, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Phulparas P.S. Case No. 411 of 2020 registered under Sections 147, 148, 149, 341, 323, 302, 379 and 504 of the Indian Penal Code. As per prosecution case, it is stated by the informant that his son solemnized marriage with coaccused, namely, Chandrarekha Devi, but she used to stay at her maternal house and due to that informant's son had performed another marriage on 20.08.2022. Thereafter, all the accused persons came and assaulted his son and his family members by means sticks and pistol. It is further alleged that accused persons also assaulted his brother

Patna High Court CR. MISC. No.60992 of 2022(2) dt.20-02-2023 2/3 Deokaran Yadav, due to which he succumbed to injury. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case because of family dispute which would be evident from the F.I.R. itself. There is general and omnibus allegations levelled against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 12.03.2022. Similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 06.01.2023 in Cr. Misc No. 16051 of 2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Phulparas P.S. Case No. 411 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.60992 of 2022(2) dt.20-02-2023 3/3 satisfaction of the learned A.C.J.M-II, Jhanjharpur, DistrictMadhubani. (Sunil Kumar Panwar, J) shubham/- U T