Radhe Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73204 of 2023 Arising Out of PS. Case No.-505 Year-2022 Thana- DEEPNAGAR District- Nalanda ====================================================== Radhe Yadav S/O Late Kapil Yadav R/O Village- Koko Bigha, P.S.- Deepnagar, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 149, 323, 342, 307, 379, 504, 506 of the Indian Penal Code.

3. As per prosecution case, the petitioners along with other co-accused persons, in the background of some dispute, became violent and assaulted to the informant as well as his family members by means of rod, lathi and danda due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. There is case and counter case between the parties for the same occurrence and the petitioner's side has got registered

Patna High Court CR. MISC. No.73204 of 2023(2) dt.28-11-2023 2/2 Deepnagar P.S. Case No. 510 of 2022 against the petitioner's side for assault and causing injuries. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, similarly situated co-accused Dharmendra Yadav and Mahendra Yadav have already been granted bail by a coordinate Bench of this court vide order dt. 16.5.2023 passed in Cr. Misc. No. 19383 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 18.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Deepnagar P.S. Case No. 505 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif.

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