Patna High CourtCR. MISC./7714/2024bail granted

Jay Prakash Yadava @ Jai Prakash Yadav v. The State Of Bihar

2024-02-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7714 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- UCHKAGAON District- Gopalganj ====================================================== JAY PRAKASH YADAVA @ JAI PRAKASH YADAV S/O RAM NATH YADAV R/O VILLAGE- PIPARAHI, P.S- UCHAKAGAON, DISTT.- GOPALGANJ.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Roy, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Uchakagaon Town P.S. Case No. 240 of 2023, corresponding to PTN 2837 of 2023 dated 29.06.2023 registered for the offence/s punishable u/ss 341, 323, 324, 307, 379, 504 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have came to the Bathan of the informant and started abusing. When the informant objected, then the petitioner assaulted him with iron rod on his head causing ruptured injury and the other accused persons also assaulted him with lathi, danda. Thereafter, the informant's brother came to rescue then they also assaulted him and fled away after taking out 1000/- from his

Patna High Court CR. MISC. No.7714 of 2024(2) dt.27-02-2024 2/2 pocket.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that as per annexure-2 filed on behalf of the petitioner, the injury is simple in nature caused by hard and blunt substance. The petitioner has two other criminal antecedents as stated in para 3 of the bail petition.

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

6. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, 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 the learned court concerned, Gopalganj in connection with Uchakagaon Town P.S. Case No. 240 of 2023, corresponding to PTN 2837 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T