Ramvarat Yadav @ Ram Barat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83980 of 2023 Arising Out of PS. Case No.-269 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

Ramvarat Yadav @ Ram Barat Yadav Son Of Late Mohan Yadav R/O Village- Bakthar, P.S.- Khizarsarai, Dist.- Gaya 2.

Satendra Yadav @ Satyendra Yadav Son Of Ram Varat Yadav @ Ram Barat Yadav R/O Village- Bakthar, P.S.- Khizarsarai, Dist.- Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Nandan For the Opposite Party/s :

Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 325, 379, 307, 504 and 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioners along with other co-accused persons are said to have assaulted the informant and his family members due to which they sustained injury. The alleged occurrence took place in the background of dispute over construction of house.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. The petitioners and the informant are from same family and due to dis-

Patna High Court CR. MISC. No.83980 of 2023(2) dt.05-01-2024 2/2 pute over construction of house, this petitioners have falsely been implicated in this case. Th petitioners have got no criminal antecedent as stated in para-3 of the bail petition. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 19.12.2023 passed in Cr. Misc. No. 81863 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 16.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Khizarsarai P.S. Case No. 269 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 Additional Chief Judicial magistrate-IV, Gaya. (Sunil Kumar Panwar, J) sushma/- U