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Patna High CourtCR. MISC./83317/2023allowed

Naresh Yadav v. The State Of Bihar

2024-01-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83317 of 2023 Arising Out of PS. Case No.-179 Year-2023 Thana- BARHAT District- Jamui ====================================================== 1.

Naresh Yadav S/O Laxmi Yadav R/O Village- Kathura, P.S- Barhat, Distt.- Jamui.

2.

Nandan Yadav S/O Madho Yadav R/O Village- Kathura, P.S- Barhat, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 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 section 341, 323, 307, 504, 506, 34, of the Indian Penal Code.

3. As per FIR, the allegation against the petitioners is that they assaulted by means of basula over the head of the informant's nephew due to which he sustained injuries and the petitioner No-2 assaulted to the informant by means of back side of axe due to which he also sustained injuries.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and

Patna High Court CR. MISC. No. 83317 of 2023(2) dt.02-01-2024 2/2 have committed no offence. They have falsely been implicated in this present case. Both parties are next door neighbour and due to passage and dirty village politics this occurrence occurred. There is no repetition of arms blow and the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 17.09.2023.

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 petitioners on bail. The above named petitioners are directed to be released on bail in connection with Barahat P.S. Case No. 179 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 Judicial Magistrate-I Class, Jamui. (Sunil Kumar Panwar, J) manishkumar/- U T