Patna High CourtCR. MISC./3682/2024allowed

Chandeshwari Yadav v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3682 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- JADIA District- Supaul ====================================================== Chandeshwari Yadav S/O Late Dukhan Yadav Village- Tola Phasiya Kothi, Ward No. 03, , Village- Parsagarhi Uttar, Ps.Jadiya, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the State :

Mr. Madan Kumar, APP For the Informant :

Mr. Arun Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner, informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 325, 307, 379, 504, 506/34 and subsequently Section 302 of the IPC has been added.

3. The allegation against the petitioner along with others is of brutally assaulting the father of the informant due to which he sustained injury and later on during treatment succumbed to injury.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner and the informant are own

Patna High Court CR. MISC. No.3682 of 2024(3) dt.21-03-2024 2/2 Gotiya and there is admitted land dispute between them. There is inordinate delay in lodging the F.I.R. as the informant alleged that the occurrence took place on 06.08.2023, but the instant F.I.R. was lodged on 20.08.2023 i.e., after a delay of 14 days. There is general and omnibus allegation against the petitioner and no specific overt act of assaulting against the petitioner. He is languishing in judicial custody since 06.09.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, period of custody as well as petitioner being an old age person, 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 Additional Chief Judicial Magistrate-II, Supaul in connection with Jadiya P.S. Case No. 223 of 2023.

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