Jitendra Yadav @ Dhela Yadav Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Jitendra Yadav @ Dhela Yadav Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 481 of 2020.

Issue for consideration

Whether the petitioner should be released on bail in connection with Bairiya P.S. Case No. 481 of 2020 registered for offences punishable under Sections 341, 323, 325, 307, 379, 379, 504, 34 of the Indian Penal Code.

Court's answer

Bail granted: considering the facts and the period under custody, the petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000 (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 481 of 2020.

Detailed headnote1 paragraphs

Bail allowed (oral order dated 06-02-2024). The Patna High Court (Sunil Kumar Panwar, J.) granted bail to Jitendra Yadav @ Dhela Yadav, who was in custody since 11.10.2023 in Bairiya P.S. Case No. 481 of 2020 (Thana Bairiya, District West Champaran), registered for offences punishable under Sections 341, 323, 325, 307, 379, 379, 504, 34 of the Indian Penal Code. The allegation was that the petitioner came in a drunken condition to the informant's house, pushed the informant to the ground and assaulted him with bamboo, causing a fracture to the informant's hand. Counsel for the petitioner urged innocence, absence of repetition of assault, a bona fide land dispute, parity with a similarly situated co-accused granted bail by order dated 26.07.2022 in Cr. Misc. No. 69122 of 2021, and the period of custody; the State opposed the bail prayer. Considering the facts and the period under custody, the Court directed release on furnishing bail bonds of Rs. 10,000 with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Bettiah, West Champaran.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4113 of 2024

Arising Out of PS. Case No.-481 Year-2020 Thana- BAIRIYA District- West Champaran

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

Jitendra Yadav @ Dhela Yadav S/O Late Shambhu Yadav R/O VillageKargahia, P.S- Kalibag O.P, Distt.- West Champaran.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Gauri Shankar Thakur For the Opposite Party/s : Mr.Bharat Bhushan ======================================================

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

2 06-02-2024

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 379, 504, 34 of the Indian Penal Code.

It is alleged against the petitioner that he came

in drunken condition in the house of the informant and pushed the informant on ground and also assaulted with bamboo as a result of which, the hand of the informant

Patna High Court CR. MISC. No.4113 of 2024(2) dt.06-02-2024 2/3

got fracture.

It is submitted by learned counsel for the

petitioner that petitioner is innocent and he has falsely been implicated in this case. There is no repetition of assault. There is bona fide land dispute between the parties. Moreover, other similarly situated co-accused has been granted bail vide order dated 26.07.2022 passed in Cr. Misc. No. 69122 of 2021. The petitioner is languishing in custody since 11.10.2023. A statement has been made in para 3 of the petition that petitioner is accused in two other cases apart from the present one.

In contra, learned A.P.P appearing on behalf of

the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period

under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief

Patna High Court CR. MISC. No.4113 of 2024(2) dt.06-02-2024 3/3

Judicial Magistrate-III, Bettiah, West Champaran in

connection with Bairiya P.S. Case No. 481 of 2020.

(Sunil Kumar Panwar, J)

Shageer/-

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