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Patna High CourtCR. MISC./63737/2023allowed

Yugal Kishore Rai @ Jugal Kishore Rai @ Jugulkishore Rai v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63737 of 2023 Arising Out of PS. Case No.-97 Year-2021 Thana- GOPALPUR District- Gopalganj ====================================================== Yugal Kishore Rai @ Jugal Kishore Rai @ Jugulkishore Rai Son Of Late Ramdutt Rai Village- Ahirauli Debauli, Ps- Gopalpur, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Setu Prateek For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506 and 34 of the Indian Penal Code.

As per prosecution case, on the alleged date of occurrence the informant sent his driver with Tractor to plough the field and when the driver reached at the field then several accused persons including the petitioner variously armed came to driver of the informant and abused him and stopped him from ploughing the field. It is further alleged that the accused persons also hit the informant and his family members.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.63737 of 2023(2) dt.10-10-2023 2/2 the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case due to petty village politics. Both the parties are agnets and there is an admitted land dispute between them. General and omnibus allegation has been levelled against the petitioner. No specific overt act attributed to this petitioner. The specific allegation of assault is upon other coaccused persons. There is case and counter case between both the parties. It is also submitted that petitioner is languishing in judicial custody since 07.08.2023.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gopalpur P.S. Case No. 97 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Gopalganj. (Sunil Kumar Panwar, J) lata/- U T