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Patna High CourtCR. MISC./63595/2023allowed

Fago Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63595 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- BALIYA District- Begusarai ====================================================== 1.

FAGO YADAV SON OF LATE JAMRU YADAV @ LATE CHAMRU YADAV RESIDENT OF VILLAGE- JAGDISHPUR, POPARMANANDPUR, WARD NO. 4, PS- BALLIA, DIST- BEGUSARAI, 2.

KARAMDEV YADAV SON OF FAGO YADAV RESIDENT OF VILLAGE- JAGDISHPUR, PO- PARMANANDPUR, WARD NO. 4, PSBALLIA, DIST- BEGUSARAI, 3.

RAVINDAR YADAV @ RAVINDRA YADAV SON OF LATE BHOLA YADAV RESIDENT OF VILLAGE- JAGDISHPUR, POPARMANANDPUR, WARD NO. 4, PS- BALLIA, DIST- BEGUSARAI, ... ... petitioners/s

Versus

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

For the petitioners/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

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

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.63595 of 2023(2) dt.10-10-2023 2/3

3. The allegation against the petitioners along with others is of assaulting the informant and his family members due to which they sustained injury.

4. It is submitted by learned counsel for the petitioners that petitioners has been falsely implicated in this case. They have committed no offence. There is general and omnibus allegation against these petitioners rather the specific allegation of firing is against co-accused Ramchabila Yadav and coaccused Nitish Yadav. He submitted that the allegation against these petitioners along with others is of that they assaulted the mother of the informant but from the perusal of the Injury report of the informant's mother, it appears that there is no visible injury found on her body. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 19.05.2023.

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

Patna High Court CR. MISC. No.63595 of 2023(2) dt.10-10-2023 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai in connection with Baliya P.S. Case No. 129 of 2023. (Sunil Kumar Panwar, J) Arish/- U T