Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78521 of 2023 Arising Out of PS. Case No.-70 Year-2023 Thana- NARAINPUR District- Bhojpur ====================================================== Harendra Yadav Son Of Late Bishun Yadav Resident Of Village- Narayanpur, Ps- Narayanpur, Distt- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 302, 504 and 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, over a trivial dispute regarding throwing of dung, which was opposed by informant's father, an scuffle took place. Petitioner instigated other accused persons and he also pointed the pistol on the head of the informant's father. Other accused persons started to assault him as a result of which informant's father got fractured his both legs and injury

Patna High Court CR. MISC. No.78521 of 2023(3) dt.24-01-2024 2/3 over his head. Informant's cousin Omprakash came there for rescue, then he was also beaten up by the accused persons and he also sustained injury on his legs, hands and head. Informant's father died during course of treatment.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to land dispute. FIR was registered against ten accused persons including the petitioner. General and omnibus allegation has been levelled against the petitioner. Both parties are agnates and there admitted land dispute is going on between them. Petitioner has got no criminal antecedent and languishing in judicial custody since 13.07.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner is named accused and conspirator of the alleged incident.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail after

Patna High Court CR. MISC. No.78521 of 2023(3) dt.24-01-2024 3/3 framing of charge on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhojpur, Ara in connection with Narayanpur P.S. Case No. 70 of 2023.

(Sunil Kumar Panwar, J) sushma/- U