Gonu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2637 of 2024 Arising Out of PS. Case No.-13 Year-2023 Thana- LARJHAGHAT District- Samastipur ====================================================== Gonu Yadav S/o- Late Debu Yadav R/o Vill- Narpa, P.S- Larjhaghat, DistSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gaurav Kumar, Advocate For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Larjhaghat P.S. Case No. 13/2023, lodged on 17.10.2023 under Sections 147, 149, 323, 307, 341, 342, 324, 504 and 506 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against eight named accused persons including the petitioner alleging therein that the petitioner threshed one Raja Ram Yadav due to which he fell down.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. From perusal of FIR, it appears that for the alleged occurrence of 03.10.2023, the FIR has been lodged on 17.10.2023, i.e. after
Patna High Court CR. MISC. No.2637 of 2024(2) dt.31-01-2024 2/2 14 days. He further submits that the FIR has been lodge with pre-thought. The petitioner and the informant both are resident of the same village and for the same date and place of occurrence, there is case and counter case between the parties. The informant's side has lodged Larjhaghat P.S. Case No. 13/2023 whereas the petitioner's side has lodged Larjhaghat P.S. Case No. 12/2023. The petitioner is in custody since 18.10.2023 having no criminal antecedent.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-1, Rosera at Samastipur, in connection with Larjhaghat P.S. Case No. 13/2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure.
(Dr. Anshuman, J) Ashwini/- U T