Umesh Yadav @ Umesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62886 of 2022 Arising Out of PS. Case No.-341 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Umesh Yadav @ Umesh Prasad Son of Chalitar Yadav R/v- Verma, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Fatehpur P.S. Case No. 341 of 2022 lodged under Sections 147, 341, 323, 504, 506, 307 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against 5 named accused persons including the petitioner. The specific allegation against the present petitioner is to attempt to kill by strangulation of neck of the informant. The allegation of assaulting by iron rod is upon one accused, namely, Mithilesh Yadav.

Learned counsel for the petitioner submits that both petitioner and informant's side belong to the same village.

Patna High Court CR. MISC. No.62886 of 2022(2) dt.22-02-2023 2/2 Counsel submits that for the same date and place of occurrence, there are 2 criminal cases filed, one from the informant's side and another from the petitioner's side. The case from informant's side is Fatehpur P.S. Case No. 341 of 2022 and from the petitioner's side is Fatehpur P.S. Case No. 342 of 2022. Counsel for the petitioner submits that open fight takes place from both the sides and injury has also caused from both the sides. The dispute behind the same is the land dispute. Counsel further submits that the antecedent of the petitioner is clean and he is in custody since 18.08.2022.

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 petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Gaya in connection with Fatehpur P.S. Case No. 341 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.) sadique/- U T