Doman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87441 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- HULASGANJ District- Jehanabad ====================================================== Doman Yadav S/o Late Bhattu Yadav R/o Village- Nandan Bigha, PS - Hulasganj, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Sharma, Advocate Mr. Ramakanth Sharma, Sr. Advocate For the State :
Mr. Jagdhar Prasad, APP For the Informant :
Mr. Bachan Jee, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-02-2025 Heard Mr. Ramakanth Sharma, learned Senior Counsel for the petitioner, Mr. Bachan Jee, learned counsel for the informant and Mr. Jagdhar Prasad, learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 325, 302, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of Arms Act.
3. The case of the prosecution is that petitioner along with others was there at the place of occurrence. It is alleged that due to old land dispute between the parties they started assaulting the informant. It is further alleged that Sanjay Yadav, Navin Yadav, Vikash Yadav and Mohan Yadav started making indiscriminate firing due to which the brother of the informant
Patna High Court CR. MISC. No.87441 of 2024(4) dt.17-02-2025 2/3 was badly injured. It is further alleged that when the mother of the informant arrived there, this petitioner assaulted her with lathi.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that the nature of allegation against this petitioner is only that he has assaulted with lathi to the mother of the informant. There is no allegation against the petitioner that of firing. It has also been argued by the learned counsel for the petitioner that though from perusal of the FIR it transpires that there is allegation that that the deceased has received six bullet injuries but postmortem report does not corroborate it. In any view of the matter the only allegation against this petitioner is that he has assaulted with lathi. There is also a counter version of this case. Admittedly there is enmity between the parties. Moreover, the petitioner is languishing in judicial custody since 17.06.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is
Patna High Court CR. MISC. No.87441 of 2024(4) dt.17-02-2025 3/3 inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Hulasganj P.S. Case No. 155 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge-IXth, Jehanabad.
(Ashok Kumar Pandey, J) Shubham/- U T