Allowed

Birendra Yadav @ Virendra Yadav v. The State of Bihar

Patna HC2 Jul 2024CR. MISC./36521/2024

Case brief

AI extract

What is this about?

Regular bail application in a Bairiya P.S. case involving alleged group assault during a land dispute, with farsa blow on the informant's head and gold chain snatching. Considering the allegations and period of custody, the court granted bail with two sureties.

What did the court decide?

Bail granted on furnishing bail-bond of Rs.20,000/- with two sureties of like amount each to the satisfaction of the Court concerned, West Champaran.

Birendra Yadav @ Virendra Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36521 of 2024

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Arising Out of PS. Case No.-1 Year-2024 Thana- BAIRIYA District- West Champaran

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======================================================

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Birendra Yadav @ Virendra Yadav Son Of Chokat Yadav Resident Of Village -MACHHARGAWA, POLICE STATION - BAIRIYA, DISTRICT -WEST CHAMPARAN

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Nilendu Kumar Choudhary For the Opposite Party/s : Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 02-07-2024

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Heard learned counsel for the petitioner and learned A.P.P for the State.

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2 . The petitioner has preferred this application for grant of regular bail in connection with Bairiya P.S. Case No. 01 of 2024 dated 08.01.2024 registered for the offences punishable u/s 341, 323, 324, 307, 354, 379, 504 read with section 34 of the Indian Penal Code.

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3 . As per the prosecution case, on 28.03.2024 at about 10:30 a.m., the informant was cultivating his field by Tactor in the meantime the petitioner and other co-accused persons came and started assaulting the informant. Further, the petitioner inflicted blow of farsa on the head of the informant with intend to kill causing severe injury. Further, when the informant’s

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Patna High Court CR. MISC. No.36521 of 2024(3) dt.02-07-2024 2/3

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brother, namely, Munna Kumar came to rescue him then coaccused Ravindra Yadav hit on his head with iron rod. Further, the co-accused Lalsa Yadav is alleged to have assaulted the informant’s brother Awadhesh Kumar on his head with iron rod due to which he sustain injury. Further when the informant’s mother and sister-in -law came to rescue them then all the coaccused persons started assaulting them and tore their clothes and the petitioner snatched gold chain from the neck of the informant. Accordingly, the present F.I.R. has been lodged.

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a land dispute between the parties. There is general and omnibus allegation against the petitioner. There is specific allegation against the petitioner inflicted a blow of farsa on the head of the informant due to which he got injured. The injury is simple in nature. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.03.2024.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

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6 . Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the

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Patna High Court CR. MISC. No.36521 of 2024(3) dt.02-07-2024 3/3

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petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran in connection with Bairiya P.S. Case No. 01 of 2024.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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Jyoti/-

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U T

Birendra Yadav @ Virendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Birendra Yadav @ Virendra Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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