Vimlesh @ Kanchan Yadav @ Kanchan Kumar @ Vimlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80900 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- KINJAR District- Jehanabad ====================================================== Vimlesh @ Kanchan Yadav @ Kanchan Kumar @ Vimlesh Kumar Son Of Parshuram Yadav R/O Vill - Mahasichak, P.S. - Kinjar, Distt. - Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Prasad Singh, Advocate For the State :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kinjar P.S. Case No. 23 of 2023 instituted for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code. 3.

As per allegation in the FIR, accused persons including the petitioner assaulted the informant's mother by means of lathi, danda and iron rod and she succumbed to injuries.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 03-03-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.80900 of 2023(2) dt.21-12-2023 2/2 counsel that petitioner has been falsely implicated in the present case. There is no specific allegation levelled against the petitioner. In fact, parties are agnates, and there is subsisting land dispute between parties. Other co-accused has been granted bail by Co-ordinate Bench of this Court vide order dated 18-102023, passed in Cr. Misc. No. 60198 of 2023. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

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 Kinjar P.S. Case No. 23 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T