Birilal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78732 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== Birilal Yadav S/O Yogendra Yadav Village- Kashi Tole Chatra, Ps. Khajauli Dist. Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s :
Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Khajauli P.S. case No. 130 of 2023 instituted for the offences under Sections 447, 341, 323, 324, 325, 307, 354(B), 379 and 34 of the Indian Penal Code.
3. Prosecution allegation, in short, is that the accused persons including the petitioner came to the house of the informant and assaulted the informant and also family members due to which they sustained injuries. The accused persons also misbehaved with the wife of the informant.
4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.09.2023 and has no criminal
Patna High Court CR. MISC. No.78732 of 2023(2) dt.07-12-2023 2/2 antecedent. Charge-sheet has been submitted in this case. General and omnibus allegation has been made against the petitioner. The petitioner has falsely been implicated in the present case. There is a case and counter case between the parties in which both the parties sustained injuries. Similar coaccused has been granted bail by this Court vide order dated 06.12.2023 passed in Cr. Misc. No. 78433 of 2023.
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 case and counter case between the parties 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 Khajauli P.S. case No. 130 of 2023.
(Rudra Prakash Mishra, J) Pankaj/- U T