Shyam Yadav @ Shyam Kumar @ Shyam Kumar Suman @ Shyam Kr Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75384 of 2023 Arising Out of PS. Case No.-274 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== 1.

Shyam Yadav @ Shyam Kumar @ Shyam Kumar Suman @ Shyam Kr Yadav S/O Dhanjeet Yadav R/O Village- Dahariya, P.S- Chhatapur, Distt.- Supaul.

2.

Gulab Yadav S/O Late Mohan Yadav R/O Village- Dahariya, P.S- Chhatapur, Distt.- Supaul.

3.

Rajesh Yadav @ Rajesh Kumar @ Rajesh Kumar Raushan S/O Late Runa Lal Yadav R/O Village- Dahariya, P.S- Chhatapur, Distt.- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the State :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Chhatapur P.S. Case No. 274 of 2020 instituted for the offence under Sections 147, 149, 323, 324, 307, 325, 379, 504 and 506 of the Indian Penal Code.

3.

Prosecution case, in brief is that, petitioners have assaulted 'Ramchandra Yadav', by means of lathi, who is bataidar of informant. It is also alleged that informant has also been assaulted.

4.

It has been submitted on behalf of the petitioners that the petitioner No. 1 is in custody since 31-08-2023 while

Patna High Court CR. MISC. No.75384 of 2023(2) dt.07-12-2023 2/2 petitioner Nos. 2 and 3 are in custody since 01-09-2023. Petitioner No. 1 and 2 bears two criminal antecedents while petitioner No. 3 bears three criminal antecedents. 5.

It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. Petitioners are agnates. There is subsisting land dispute between the parties. Counter case has also been lodged against the informant and others.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioners and land dispute between the parties, this Court is inclined to grant bail to the petitioners.

8.

Let the petitioners 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 Chhatapur P.S. Case No. 274 of 2020.

(Rudra Prakash Mishra, J) Raj Kishore/- U T