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Patna High CourtCR. MISC./3870/2024allowed

Rohit Kumar @ Guddar Yadav @ Gudar Yadav v. The State Of Bihar

2024-03-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3870 of 2024 Arising Out of PS. Case No.-35 Year-2023 Thana- BATH District- Bhagalpur ====================================================== Rohit Kumar @ Guddar Yadav @ Gudar Yadav S/o- Sri Prakash Yadav Resident of Village- Halkarachak Hemra, P.S.- Bath, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant 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 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with co-accused Gytani Yadav came and started abusing. It is further alleged that at the order of co-accused, petitioner stabbed the informant due to which he sustained injuries in his abdomen.

Patna High Court CR. MISC. No.3870 of 2024(3) dt.21-03-2024 2/3 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 land dispute between the parties. There is no repetition of blow. Moreover, the petitioner is languishing in judicial custody since 18.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P. appearing for the State and learned counsel for the informant have vehemently opposed the prayer for Bail and submitted that injury sustained by the informant is grievous in nature.

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 Bath P.S. Case No. 35 of 2023

Patna High Court CR. MISC. No.3870 of 2024(3) dt.21-03-2024 3/3 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 Chief Judicial Magistrate, Bhagalpur.

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