Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80873 of 2023 Arising Out of PS. Case No.-275 Year-2022 Thana- DHANAHA District- West Champaran ====================================================== Dinesh Yadav Son of Bandhu Yadav R/O Village - Banwariya, P.S.- Dhanaha, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the State :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhanaha P.S. Case No. 275 of 2022 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 325, 307, 427, 379 & 506 of the Indian Penal Code.

3.

As per prosecution case, it is alleged that accused persons, including the petitioner assaulted the informant by various means. Further, the petitioner along with three accused persons assaulted by sharp edge weapon in their hand, due to which informant's sustained injuries. Thereafter, they looted cash to the tune of Rs. 10,000/-, gold chain worth Rs. 30,000/- and intimidated the informant to take back case bearing Dhanaha PS. Case No. 219 of 2022.

Patna High Court CR. MISC. No.80873 of 2023(2) dt.21-12-2023 2/2 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24-08-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is general and omnibus allegation of assault alleged against petitioner and three accused persons. There is no specific allegation attributed to the petitioner. Charge sheet has already been submitted in the present case.

6.

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

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and the fact that there is no specific allegation as against the petitioner, this Court is inclined to grant bail to the petitioner.

8.

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 Dhanaha P.S. Case No. 275 of 2022.

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