Krishna Yadav @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53148 of 2022 Arising Out of PS. Case No.-232 Year-2022 Thana- BAGHA District- West Champaran ====================================================== GAUTAM YADAV Son of Rajkumar Yadav Native of Bankatwa, Ward No. 21, P.s- Bagaha, Dist- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67329 of 2022 Arising Out of PS. Case No.-232 Year-2022 Thana- BAGHA District- West Champaran ====================================================== 1.

KRISHNA YADAV @ KRISHNA KUMAR SON OF RAJ KUMAR YADAV R/O VILLAGE- BANKATWA, WARD NO.21, P.S.- BAGAHA, DISTRICT- WEST CHAMPARAN 2.

GOLU YADAV @ AMIT KUMAR SON OF RAMAKANT YADAV R/O VILLAGE- BANKATWA, WARD NO.21, P.S.- BAGAHA, DISTRICTWEST CHAMPARAN 3.

BUCHUN YADAV @ SANDEEP YADAV SON OF RAMAKANT YADAV R/O VILLAGE- BANKATWA, WARD NO.21, P.S.- BAGAHA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 53148 of 2022) For the Petitioner/s :

Mr.Abhay Bhushan Sinha For the Opposite Party/s :

Mr.Ajay Kumar Jha (In CRIMINAL MISCELLANEOUS No. 67329 of 2022) For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Binod Kumar III For the Informant Mr. Prerna Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.53148 of 2022(4) dt.08-02-2023 2/3 The petitioner has prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 326, 307, 504 and 506 of the Indian Penal Code. As per allegation in the FIR, several accused persons including the petitioner have assaulted the informant and his family members with various weapons. Kashi Yadav died on the way to Bagaha Hospital.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. No specific overt act is attributed to the petitioners. They have committed no offence. Similarly situated other accused person has already been enlarged on bail by a different Bench vide order dated 21.12.2022 passed in Cr. Misc. No. 53575 of 2022. Petitioners are languishing in custody for more than seven months.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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

Patna High Court CR. MISC. No.53148 of 2022(4) dt.08-02-2023 3/3 sureties of the like amount each to the satisfaction of the learned ACJM 1st, Bagaha, West Champaran in connection with Bagaha P.S. Case No. 232 of 2022.

(Sunil Kumar Panwar, J) sushma/- U