Vimal Yadav @ Vimal Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76690 of 2023 Arising Out of PS. Case No.-87 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Vimal Yadav @ Vimal Kumar Yadav Son Of Late Harihar Yadav Resident Of Village - Sahorwa, Police Station - Laukaha, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 447, 341, 342, 323, 324, 307, 302, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, co-accused persons including this petitioner came at the house of the informant and started abusing them. It is further alleged that co-accused, namely, Rupesh Yadav assaulted on the head of the mother-in-law of the informant and co-accused, namely, Niraj Yadav assaulted the husband of the informant with farsa due to which the motherin-law of the informant and husband of the informant sustained injuries and later on they succumbed to injuries. Further, they assaulted the informant's father-in-law as well.

Patna High Court CR. MISC. No.76690 of 2023(3) dt.29-02-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. No any specific overt act of assaulting against the petitioner to assault upon the deceased persons rather the specific allegation of assault upon the deceased persons is against co-accused Rupesh Yadav and Niraj Yadav. It is further submitted from para-8 of this petition that there is case and counter case between both the parties. Moreover, the petitioner is languishing in judicial custody since 16.05.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laukaha P.S. Case No. 87 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, Madhubani.

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