Abadhesh Kumar @ Abdhesh Kumar Yadav @ Avadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5568 of 2025 Arising Out of PS. Case No.-394 Year-2024 Thana- SONO District- Jamui ====================================================== 1.

Abadhesh Kumar @ Abdhesh Kumar Yadav @ Avadhesh Yadav Son of Horil Yadav Resident of Village- Kuabank, P.S.- Sono, District- Jamui 2.

Ritesh Kumar Son of Horil Yadav Resident of Village- Kuabank, P.S.- Sono, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

02. In the present case, the petitioners seek bail in connection with Sono P.S. Case No. 394 of 2024 registered for the alleged offences under Sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.

03. As per prosecution case, petitioners and other coaccused persons assaulted the informant, his father and his brother with rod, causing a number of injuries to them.

04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The occurrence took place over a quite trivial matter

Patna High Court CR. MISC. No.5568 of 2025(2) dt.15-02-2025 2/3 on grazing of cattle. The injury sustained by the alleged injured persons are superficial and simple and the grievous injury not on any vital part. There is counter version of the case and the petitioners' side has instituted Sono P.S. Case No. 393 of 2024 wherein the allegation is against the person injured of the present case for assaulting the petitioners and their family members and they have also been sustained injuries. The prosecution side is aggressor and the petitioners' side have only exercised their rightful claim. Learned counsel further submits that the petitioners are in custody since 19.11.2024 and they are having clean antecedent. Charge-sheet has been submitted.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the case and counter case of the parties and further considering not so serious nature of injuries and also considering the period of custody of the petitioners and their clean antecedent along with submission of charge sheet, the petitioners above named are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-

Patna High Court CR. MISC. No.5568 of 2025(2) dt.15-02-2025 3/3 1st Class, Jamui/court concerned in connection with Sono P.S. Case No. 394 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T