Ramawadh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2701 of 2024 Arising Out of PS. Case No.-275 Year-2023 Thana- PANCHRUKHI District- Siwan ====================================================== Ramawadh Yadav S/O Late Kailash Yadav Village- Pratappur, Ps. Hussainganj, Dist. Siwan (BIHAR).

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rakesh Shrivastava For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 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, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Prosecution case in nutshell is that informant's daughter is married with co-accused Chandan Yadav (son of the petitioner). informant's daughter does not want to live with the co-accused Chandan yadav. So, she returned to her paternal home. It is further alleged that petitioner along with co-accused Chandan Yadav came to

Patna High Court CR. MISC. No.2701 of 2024(2) dt.06-02-2024 2/3 the house of informant and assaulted him by means of sword due to which he sustained injuries. Allegation against the petitioner is that he instigate the co-accused Chandan Yadav to assault the informant.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is further submitted that earlier the informant and others assaulted the son of petitioner (co-accuse Chandan Yadav) with a view to kill him for which Siwan (Town) P.S. case No. 155 of 2022 has been instituted against them. There is no overt act of allegation levelled against the petitioner rather the allegation of assaulting to informant is attributed against co-accused Chandan Yadav. Moreover, the petitioner is languishing in judicial custody since 18.10.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.2701 of 2024(2) dt.06-02-2024 3/3 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 Pachrukhi P.S. Case No. 275 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Siwan.

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