Patna High CourtCR. MISC./74719/2023bail granted

Shivji Yadav @ Shivji Singh v. The State Of Bihar

2023-12-01Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74719 of 2023 Arising Out of PS. Case No.-389 Year-2023 Thana- BARH District- Patna ====================================================== SHIVJI YADAV @ SHIVJI SINGH Son of Late Ram Saran Yadav Resident of Village - Hasanchak, Bahrama, P.S. - Barh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Barh P.S. case No. 389 of 2023 instituted for the offences under Sections 147, 149, 341, 323, 354, 379, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. Prosecution allegation, in short, is that the accused persons including the petitioner, variously armed, came to the house of the informant and assaulted her and also tried to misbehave with her.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.08.2023 and has one criminal antecedent. The petitioner has falsely been implicated

Patna High Court CR. MISC. No.74719 of 2023(2) dt.01-12-2023 2/2 in the present case. There is a case and counter case between the parties. Learned counsel for the petitioner submits that general and omnibus allegation has been levelled against the petitioner. No specific allegation is alleged against the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the nature of allegation and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barh P.S. case No. 389 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T