Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71675 of 2023 Arising Out of PS. Case No.-6 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== BECHAN YADAV S/o LATE GHUTAN YADAV R/o vill - Chhatauni, P.S. - Basopatti, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 323, 341, 324, 307, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that co-accused Vijay Yadav stop the government road by fixing iron rod while he was going with his fodder cutting tractor on this issue there was exchange of abuse and when the informant requested to uproot iron rod, the co-accused called his family members upon which all the accused persons including petitioner came there with various arms and started beating. The petitioner inflicted Dabiya blow on his brother Mohan Yadav and others showing with lathi, danda, Farsa, Iron rod assaulted and made

Patna High Court CR. MISC. No.71675 of 2023(3) dt.30-01-2024 2/2 them injured.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity and land dispute. There is case and counter case between both the parties. As per F.I.R., the allegation against the petitioner is that he assaulted to the informant's brother by means of Dabiya blow but there is no repeated blow. Petitioner is languishing in judicial custody since 17.08.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Madhubani in connection with Basopatti P.S. Case No. 06 of 2023.

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