Nirmal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70146 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== 1.
Nirmal Yadav S/O Sudisht Yadav R/O Village- Navtol Bishanpur Ward No. 12, P.S- Murliganj, Distt.- Madhepura.
2.
Tunu Yadav @ Tuna Yadav S/O Sudisht Yadav R/O Village- Navtol Bishanpur Ward No. 12, P.S- Murliganj, Distt.- Madhepura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Garg For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-12-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek regular bail in connection with Murliganj P.S. Case No. 217 of 2023 registered for the offence under Sections 147, 302, 120(B) of the I.P.C.
3. As per prosecution case, the husband of the deceased was committed murder by the accused persons including the petitioners in the background of enmity.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to land dispute between the parties. From perusal of FIR, it is evident that there
Patna High Court CR. MISC. No.70146 of 2023(3) dt.02-12-2023 2/2 is general and omnibus allegation of assaulting against the petitioners. There is case and counter case between the parties. They have got no criminal antecedents as stated in para-3 of the bail petition and languishing in judicial custody since 12.6.2023. Moreover, similarly situated co-accused Dinesh Yadav has already been granted bail by a co-ordinate Bench of this Court vide order dt. 29.11.2023 passed in Cr. Misc. No. 73998 of 2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the facts and circumstances of the case as well as custody period of the petitioners, this court is inclined to enlarge them on bail. The above named petitioners are directed to be released on bail in connection with Murliganj P.S. Case No. 217 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st Madhepura. (Sunil Kumar Panwar, J) Amandeep/- U T