Bhuneshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88774 of 2024 Arising Out of PS. Case No.-799 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Bhuneshwar Yadav Son of Late Ragho Yadav Resident of Village - Kare, P.S.- Sheikhpura, District - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rizwanul Haque For the Informant :

Mr. Kumari Anupam For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sheikhpura P.S. Case No. 799 of 2023 dated 16.11.2023 registered for the offences punishable u/ss 147, 148, 149, 323, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, while Bablu Yadav was irrigating his field, the petitioner and the co-accused person armed with deadly weapons came firing and caught hold of Bablu Yadav. On the exhortation of the petitioner, the co-accused, Dani Yadav cut off the right hand of Bablu Yadav

Patna High Court CR. MISC. No.88774 of 2024(2) dt.17-01-2025 2/3 and the co-accused, Manish Yadav cut off the left hand of Bablu Yadav. Thereafter, the accused persons ran away with the said cut hands.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a case and counter case between the parties. There is no specific allegation against the petitioner and the petitioner is only the order giver. The petitioner has no concern with the alleged offence. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.03.2024.

5. Learned counsel for the informant as well as learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the incident of hand cutting was carried out on the instruction of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Sheikhpura P.S. Case No. 799 of 2023, with the following condition/s:-

Patna High Court CR. MISC. No.88774 of 2024(2) dt.17-01-2025 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T