Videsh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63924 of 2022 Arising Out of PS. Case No.-125 Year-2020 Thana- PRATAPGANJ District- Supaul ====================================================== Videsh Yadav Son Of Batahu Yadav R/O Village- Tintoliya, P.S.- Pratapganj, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 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 Pratapganj P.S. Case No. 125 of 2020 registered under sections 147, 148, 149, 341, 323, 324, 325, 307, 354(b), 379, 504 and 506 of the Indian Penal Code.

Allegation against the petitioner and other coaccused persons is that they assaulted the informant's son. It is further alleged that when co-villagers tried to save the son of the informant then all accused persons including the petitioner assaulted them also and the petitioner assaulted the co-villager, namely, Surya Narayan Yadav by means of Farsa blow due to which he sustained injury.

Patna High Court CR. MISC. No.63924 of 2022(2) dt.17-02-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to land dispute. It is further submitted that there is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. According to the informant, the petitioner assaulted the injured namely, Surya Narayan Yadav with pharsa on head but the injury report of the injured shows that the injured received grievous single lacerated wound on forehead caused by hard and blunt substance and this does not consonance with the prosecution case. The petitioner is languishing in judicial custody since 02.08.2022.

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 Pratapganj P.S. Case No. 125 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.63924 of 2022(2) dt.17-02-2023 3/3 the learned S.D.J.M, Birpur, Supaul.

(Sunil Kumar Panwar, J) shubham/- U T