Patna High CourtCR. MISC./81863/2023allowed

Shaligram Yadav v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81863 of 2023 Arising Out of PS. Case No.-269 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== SHALIGRAM YADAV SON OF RAMDEO YADAV RESIDENT OF VILLAGE- BAKTHAR, P.S.- KHIZARSARAI, DISTRICT-GAYA ... ... Petitioner/s

Versus

The State of Bihar ... ... 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 19-12-2023 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 sections 147, 148, 149, 341, 323, 3235, 379, 307, 504, 506 of the Indian Penal Code.

3. As per prosecution case, the petitioner 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 petitioner submits that the petitioner is innocent and has committed no offence. The petitioner and the informant are from same family and due to

Patna High Court CR. MISC. No.81863 of 2023(2) dt.19-12-2023 2/2 dispute over construction of house, this petitioner has falsely been implicated in this case. Th petitioner has got no criminal antecedent as stated in para-3 of the bail petition. 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) Amandeep/- U T