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Patna High CourtCR. MISC./76809/2023allowed

Bipin Yadav @ Vipin Yadav @ Bipin Kumar Yadav v. The State Of Bihar

2023-12-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76809 of 2023 Arising Out of PS. Case No.-215 Year-2023 Thana- BANIAPUR District- Saran ====================================================== Bipin Yadav @ Vipin Yadav @ Bipin Kumar Yadav Son Of Tribhuwan Rai R/O Village - Sahabuddin Bhiti, P.S.- Baniyapur, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shatrughan Pandey For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-12-2023 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 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with other co-accused persons is that they assaulted the informant along with other co-accused persons. It is further alleged that this petitioner assaulted by means of farsa upon one Aman Kumar who is nephew of the informant due to which he sustained injury.

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 land dispute. It is

Patna High Court CR. MISC. No.76809 of 2023(2) dt.04-12-2023 2/2 further submitted from para-9 of this petition that there is no repetition of blow by the petitioner upon the injured. Earlier to this case, petitioner's side has also filed a complaint case against the informant and others. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 12.08.2022.

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 Baniapur P.S. Case No. 215 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra.

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