Patna High CourtCR. MISC./75457/2023bail granted

Birendra Yadav v. The State Of Bihar

2023-11-10Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75457 of 2023 Arising Out of PS. Case No.-219 Year-2020 Thana- PARAIYA District- Gaya ====================================================== BIRENDRA YADAV Son of Late Badri Yadav Resident of Village - Kosdihra, P.S.- Paraiya, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in in connection with Paraiya P.S. Case no.219 of 2020 registered under sections 307, 341, 323, 504 and 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons are said to have assaulted the informant and his mother. It is further stated that the petitioner assaulted with a lathi on the head of the informant causing grievous injury which in the opinion of the doctor dangerous to life.

4. The earlier application for bail of the petitioner was rejected vide order dated 18.5.2023 (Annexure- 1) passed in Cr. Misc. no. 22636 of 2023.

5. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.75457 of 2023(2) dt.10-11-2023 2/2 petitioner has been falsely implicated in the case. While rejecting the prayer for bail on the earlier occasion by order dated 18.5.2023 this Court had granted liberty to the petitioner to renew his prayer for bail after completing one year in custody. The petitioner has completed more than 1 year since 18.9.2022 and there is no chance of the trial concluding in the near future. He undertakes to cooperate in the trial.

6. Heard learned A.P.P. for the State.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, liberty granted to the petitioner in the earlier order of rejection dated 18.5.2023 and the petitioner having remained in custody for more than a year since 18.9.2022, the Court directs the petitioner to be enlarged on bail in connection with Paraiya P.S. Case no. 219 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 the learned Judicial Magistrate 1st Class, Gaya.

(Partha Sarthy, J) Bibhash U