Patna High CourtCR. MISC./85208/2023allowed

Birbahadur Yadav v. The State Of Bihar

2024-01-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85208 of 2023 Arising Out of PS. Case No.-202 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== BIRBAHADUR YADAV SON OF RAMJI YADAV RESIDENT OF VILLAGE- SARIPUR, PS- SANDESH, DISTT- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nagendra Kumar Singh For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 326, 307, 504, 34, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and co-accused persons is that they assaulted by means of knife to informant due to which he sustained injuries.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics and previous dispute. There is case and counter case between the parties and both

Patna High Court CR. MISC. No.85208 of 2023(2) dt.16-01-2024 2/2 parties have sustained injuries as alleged in separate occurrence. It is further submitted that witnesses not supported the prosecution version. The petitioner is languishing in judicial custody since 17.08.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sandesh P.S. Case No. 202 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 J.M.-Ist Class, Bhojpur at Ara.

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