Narad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84361 of 2024 Arising Out of PS. Case No.-145 Year-2022 Thana- PASRAHA District- Khagaria ====================================================== Narad Yadav Son of Late Budhu Yadav Resident of Village- Basua, P.SPasraha, District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Pasraha P.S. Case No. 145 of 2022 instituted for the offence under Sections 341, 323, 379, 504 & 506 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that while the informant was standing near his motorcycle, co-accused persons, including the petitioner came and started abusing and assaulting him. Thereafter, co-accused, namely, Deepak Singh intimidated him to take back a case lodged against him, otherwise to face dire consequences. It is also alleged that they have taken away Rs. 2,000/- (two thousand) from the pocket of

Patna High Court CR. MISC. No.84361 of 2024(2) dt.11-12-2024 2/3 the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-08-2024. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation against the petitioner, rather allegation is general and omnibus in nature. Specific allegation is against co-accused, namely, Deepak Singh. Parties are covillagers and there is subsisting land dispute between them. There is no compliance of Section 100 of the Cr.P.C. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and there being no specific allegation against the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pasraha

Patna High Court CR. MISC. No.84361 of 2024(2) dt.11-12-2024 3/3 P.S. Case No. 145 of 2022, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T