Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3174 of 2023 Arising Out of PS. Case No.-493 Year-2022 Thana- BARHARA District- Bhojpur ====================================================== SURESH YADAV Son of Baban Yadav Resident of vill.- Mahuli ghat, P.S.- Barhara (Krishnagarh), Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code. As per allegation in the FIR, while the informant was sitting in his hut, all name accused persons gathered there and started to abuse. On protest, accused Rajesh Yadav made air firing and assaulted the informant with butt of the pistol on which he fell down and then accused Surendra Yadav, Upendra Yadav, Rakesh Yadav and Raju Yadav assaulted the informant and Kamlesh with lathi and danda.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely

Patna High Court CR. MISC. No.3174 of 2023(2) dt.03-04-2023 2/2 implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged occurrence. General and omnibus allegation has been levelled against the petitioner. There is delay of four days in lodging the FIR without any plausible reason. Petitioner is languishing in judicial custody since 20.10.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

The application for bail is opposed by learned APP for the State.

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 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 CJM, Bhojpur at Ara in connection with Barhara (Krishnagarh) P.S. Case No. 493 of 2022.

(Sunil Kumar Panwar, J) sushma/- U