Shiv Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81863 of 2024 Arising Out of PS. Case No.-95 Year-2024 Thana- MOHANPUR District- Gaya ====================================================== Shiv Kumar Yadav S/o Kirtu Yadav R/o Village- Khardih, PS - Mohanpur, PS- Lahthua, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awnish Kumar, Adv.

For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 147, 148, 149, 504, 323, 324, 325, 326 and 307 of the Indian Penal Code, registered in connection with Mohanpur P.S. Case No. 95 of 2024.

3. As per prosecution case, the specific allegation against the petitioner is that he inflicted sword blow to the informant due to which his finger was separated from his hand.

4. The learned counsel for the petitioner has submitted that he has been falsely implicated in this case and has committed no offence. He submitted that amongst two cases which is mentioned in the paragraph no. 3 of the bail

Patna High Court CR. MISC. No.81863 of 2024(2) dt.13-12-2024 2/2 application, have been lodged by the informant side and in all the three cases, the petitioner is on bail. He further submitted that due to inimical term with the petitioner and his family members, he has been made accused in this case by the informant. The petitioner is in custody since 22.08.2024.

5. Learned counsel for the informant has opposed the prayer of bail by submitting that the informant is an old aged person and there is specific allegation of assault against the petitioner due to which his finger was separated from his hand.

6. Considering the above facts and circumstances of the case as well as period of custody undergone by the petitioner, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Sherghati, Gaya in connection with Mohanpur P.S. Case No. 95 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

(Nawneet Kumar Pandey, J) Arish/- U T