Ganesh Yadav @ Ganesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83743 of 2023 Arising Out of PS. Case No.-1013 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== GANESH YADAV @ GANESH RAI SON OF SRI WAKIL RAI RESIDENT OF VILLAGE- JAISINGHPUR CHILRAW, P.S.- TURKAULIYA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar with Mr. Hemant Ray and Mr. Sharad Kumar Verma, Advocates For the Opposite Party/s :

Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 447, 341, 323, 324, 307, 427, 354B, 379, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the petitioner is of assaulting the husband of the informant by means of iron rod, due to which he sustained injury. It is further alleged that the petitioner threatening the villagers by opened fire.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.83743 of 2023(2) dt.04-01-2024 2/2 dirty village politics. He has committed no offence. There is general and omnibus allegation against the petitioner. There is a case and counter case between the parties. Members of both parties have sustained injury as alleged in a separate occurrence. He further submitted that there is no injury report on record to substantiate the allegation of assault, as referred to the impugned order. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 12.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Turkauliya P.S. Case No. 1013 of 2023.

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