Rajesh Kumar @ Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84986 of 2023 Arising Out of PS. Case No.-822 Year-2023 Thana- BIHTA District- Patna ====================================================== Rajesh Kumar @ Rajesh Yadav Son Of Tapeshwar Yadav @ Tapeshwar Rai R/O Village- Amwa Inar, Kab, P.S.- Rani Talab, Dist.- Patna (BIHAR) ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 342, 323, 325, 307, 504, 506/34 of the Indian Penal Code.

Prosecution case in nutshell is that petitioner along with other co-accused persons reached at the land of informant and petitioner caught hold the informant. It is further alleged that co-accused Bishwanath Yadav assaulted the informant by means of iron rod due to

Patna High Court CR. MISC. No.84986 of 2023(2) dt.09-01-2024 2/3 which he sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties and in the background of land dispute the present case has been lodged with false and fabricated allegations. Moreover, the petitioner is languishing in judicial custody since 05.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Bihta P.S. Case No. 822 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten

Patna High Court CR. MISC. No.84986 of 2023(2) dt.09-01-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Danapur.

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