Ram Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75336 of 2023 Arising Out of PS. Case No.-175 Year-2008 Thana- RAJNAGAR District- Madhubani ====================================================== Ram Naresh Yadav S/O Late Shri Bihari Yadav R/O Village- Gosain Jibachh Tola Patwara, P.S- Rajnagar, Distt.- Madhubani. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Abhishek Anand For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner, learned counsel for the informant 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 341, 323, 324, 504, 307, 379/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner and his son was committing theft of wooden pieces of "Shisham" which belongs to the informant. When informant objected, petitioner gave farsa blow over the head of informant due to which he sustained head injury and

Patna High Court CR. MISC. No.75336 of 2023(2) dt.29-11-2023 2/3 petitioner's son assaulted the informant with Tengari due to which he sustained injury over his right hand finger. 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 case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. Moreover, the petitioner is languishing in judicial custody since 13.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State and learned counsel for the informant have 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. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.75336 of 2023(2) dt.29-11-2023 3/3 bail in connection with Rajnagar P.S. Case No. 175 of 2008 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 ACJM I, Madhubani. (Sunil Kumar Panwar, J) Nirajkrs/- U T