Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73874 of 2022 Arising Out of PS. Case No.-211 Year-2017 Thana- MAHKAR District- Gaya ====================================================== Surendra Yadav Son Of Ramdeo Yadav R/V- Khanwo Bagicha, P.S.- Mahkar, District- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 504, 506, 379 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant and his wife were returning from their field, petitioner along with other co-accused persons started abusing. It is further alleged that co-accused Binay Yadav and Muni Lal Yadav and other persons started assaulting the informant, due to which he

Patna High Court CR. MISC. No.73874 of 2022(2) dt.21-03-2023 2/3 sustained head injuries. When his wife came to his rescue, she was also assaulted.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. There is no specific allegation levelled against him rather the specific allegation of assaulting is against Binay Yadav and Muni Lal Yadav. There is no witness to disclose the name of the petitioner. Moreover, the petitioner is languishing in judicial custody since 16.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.73874 of 2022(2) dt.21-03-2023 3/3 The above named petitioner is directed to be enlarged on bail in connection with Mahkar P.S. Case No. 211 of 2017 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1, Gaya.

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