Babulal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66315 of 2019 Arising Out of PS. Case No.-416 Year-2018 Thana- GRIYAK District- Nalanda ====================================================== BABULAL YADAV, aged about 42 years (M), Son of Ramroop Yadav, Resident of Village - Kharrat (Bhawani Bigha), P.S.- Muffasil, Dist.- Nawada. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Satyendra Prasad Singh, Advocate.
For the Opposite Party :
Mr.Satya Nand Shukla,A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 341, 323, 307, 324, 504, 506 of the IPC and 27 of the Arms Act.
The prosecution story, in brief, is that the informant named 10 persons including the petitioner in the F.I.R. and alleged that co-accused Bindeshwar Yadav assaulted him with bricks and co-accused Babulal Yadav assaulted him with sharp edged weapon on his head and left hand causing serious injury on his head and hand. When Bijendra Yadav came to save, coaccused Babloo Yadav who is said to have assaulted Bijendra Yadav with Iron rod on his left shoulder. The accused persons assaulted Rabindra Yadav, Ajay Yadav and Ranjan Yadav with
Patna High Court CR. MISC. No.66315 of 2019(2) dt.22-10-2019 2/3 stick and Iron rod. It is further alleged that Indradeo Yadav, son of Sukhdeo Yadav and Indradeo Yadav, son of Mokami Yadav opened fire.
It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 16.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. A case has been instituted by the petitioner for offence under Section 354(A) of the IPC. The present case is counter blast to the case instituted by the petitioner vide Annexure-3 to the present application. Other accused person has been granted anticipatory bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 33008 of 2019 under order dated 06.05.2019. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.66315 of 2019(2) dt.22-10-2019 3/3 the like amount each to the satisfaction of the learned A.C.J.M.- Ist, Nalanda at Bihar Sharif, in connection with Giriyak P.S. Case No. 416 of 2018.
(Sudhir Singh, J) U.K./- U T