Chandra Shekhar Yadav Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Chandra Shekhar Yadav Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioners released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Darbhanga, in connection with Baheri P.S. Case No. 184 of 2022.

Issue for consideration

Whether the petitioners, in custody since 28.11.2023 for offences punishable under Sections 143, 323, 324, 341, 307, 354, 379, 504, 34 IPC in Baheri P.S. Case No. 184 of 2022, should be released on bail, considering the facts stated (innocence/false implication urged, agnate relationship, admitted land dispute, counter version, injuries on petitioners' side) and the period under custody.

Court's answer

The Court directed release of the petitioners on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Darbhanga, in connection with Baheri P.S. Case No. 184 of 2022, considering the facts stated and the period under custody.

Detailed headnote1 paragraphs

Bail granted - Patna High Court, Criminal Miscellaneous No. 4484 of 2024 (oral order dated 08-02-2024, Sunil Kumar Panwar, J): Petitioners Chandra Shekhar Yadav, Laxmi Yadav and Santosh Yadav @ Birendar Yadav, in custody since 28.11.2023 in connection with Baheri P.S. Case No. 184 of 2022 (District Darbhanga), registered for offences punishable under Sections 143, 323, 324, 341, 307, 354, 379, 504 and 34 of the Indian Penal Code (alleged assault on the informant and his family members by all F.I.R accused persons), were ordered released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the Additional Chief Judicial Magistrate-VII, Darbhanga. Counsel for the petitioners pleaded innocence and false implication, noting that the petitioners and the informant are agnates, that there is an admitted land dispute between the parties, that a counter version of the occurrence exists, and that the petitioners' side also sustained injuries; the learned A.P.P. for the State opposed the bail prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4484 of 2024

Arising Out of PS. Case No.-184 Year-2022 Thana- BAHERI District- Darbhanga

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

Chandra Shekhar Yadav S/O Mahabir Yadav R/O Village- Nanda Patti, P.SBaheri, Distt.- Darbhanga.

Laxmi Yadav S/O Late Jahuri Yadav R/O Village- Nanda Patti, P.S- Baheri, Distt.- Darbhanga.

Santosh Yadav @ Birendar Yadav S/O Late Nunu Yadav R/O Village- Nanda Patti, P.S- Baheri, Distt.- Darbhanga.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Priyanka Singh For the Informant : Mr. Gagan Deo Yadav For the State : Mr.Zainul Abedin

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

CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

2 08-02-2024

Heard learned counsel for the petitioners and

learned A.P.P appearing on behalf of the State.

The petitioners are languishing in custody in a case registered for the offences punishable under Sections 143, 323, 324, 341, 307, 354, 379, 504, 34 of the Indian Penal Code.

It is a case of assaulting to the informant and

Patna High Court CR. MISC. No.4484 of 2024(2) dt.08-02-2024 2/3

other family members by all the F.I.R accused persons including the petitioners.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners and the informant are agnates and there is admitted land dispute between the parties. There is counter version of the occurrence also and petitioners’ side also sustained injuries. The petitioners are languishing in custody since 28.11.2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioners.

Considering the facts aforesaid and the period under custody, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Darbhanga in connection

Patna High Court CR. MISC. No.4484 of 2024(2) dt.08-02-2024 3/3

with Baheri P.S. Case No. 184 of 2022.

(Sunil Kumar Panwar, J)

Shageer/-

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