Patna High CourtCR. MISC./81130/2023bail granted

Manoj Yadav v. The State Of Bihar

2023-12-22Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81130 of 2023 Arising Out of PS. Case No.-357 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Manoj Yadav S/O Late Ram Padarath Prasad Yadav Village- Nehru Tola Under Dhawalpura Chauki, Ps. Chowk, Dist. Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Chowk P.S. case No. 357 of 2022 instituted for the offences under Sections 341, 323, 325, 307, 504, 506/34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that on trivial of throwing the garbage on the door, the accused persons, including the petitioner, came to the door of the informant and assaulted the informant as also his father due to which they sustained injuries. The allegation against the petitioner is that he assaulted the informant on his head.

4. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. The petitioner has

Patna High Court CR. MISC. No.81130 of 2023(2) dt.22-12-2023 2/2 falsely been implicated in the present case due to family feud. There is land dispute between the parties. The petitioner is in custody since 01.08.2023. Co-accused having similar allegation has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 28.03.2023 passed in Cr. Misc. No. 74632 of 2022 (Annexure-5 to this application).

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

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 Chowk P.S. case No. 357 of 2022.

(Rudra Prakash Mishra, J) Pankaj/- U T