Patna High CourtCR. MISC./83982/2023allowed

Dinesh Yadav v. The State Of Bihar

2024-01-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83982 of 2023 Arising Out of PS. Case No.-393 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== DINESH YADAV S/O LATE TIPAN YADAV R/O VILLAGE- SEWA (UPARI TOLA), P.S- GIDHOUR, DISTT.- JAMUI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-01-2024 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 section 147, 341, 323, 307, 504, 324, 34, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner is that they assaulted by means of rod over the head of the informant's father due to which he sustained injuries.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to dirty village politics. There is no specific allegation of assaulting levelled against the petitioner rather

Patna High Court CR. MISC. No.83982 of 2023(2) dt.05-01-2024 2/2 general and omnibus allegation levelled against him, the specific allegation of assaulting by means of sword upon the head of informant's father is against co-accused, Shankar Yadav. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.10.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laxmipur (Gidhour) P.S. Case No. 393 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-II, Jamui.

(Sunil Kumar Panwar, J) manishkumar/- U T