Patna High CourtCR. MISC./11351/2024bail granted

Pinku Yadav v. The State Of Bihar

2024-02-23Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11351 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- FALKA District- Katihar ====================================================== Pinku Yadav S/O- Bahadur Yadav R/O- Deera Chandpur, P.S.- Falka, Dist.- Katihar.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Falka (Pothia) P.S. case No. 199 of 2023 instituted for the offences under Sections 341, 323, 307, 379, 506 and 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that while the informant was going to his house, accused persons including the petitioner assaulted the informant due to which he sustained injury. It is further alleged that petitioner assaulted the informant on his head.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Although the

Patna High Court CR. MISC. No.11351 of 2024(2) dt.23-02-2024 2/2 allegation is of assault on the head of the informant but there is no allegation of repetition. The nature of injury is injury is simple in nature. The petitioner is in custody since 04.10.2023 as mentioned in the order of the Court below. The petitioner has five criminal antecedents as has been stated in paragraph 3 of the supplementary affidavit.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court below/concerned Court in connection with Falka (Pothia) P.S. case No. 199 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T