Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10120 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Surendra Yadav, S/o Sakaldeo Prasad @ Sakaldeo Yadav, R/o Village- Tirloki Bigha, P.S- Muffasil, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Nawada Muffasil P.S. Case No. 109 of 2023, instituted for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, in the evening, the informant was going from old house to new house. In the meantime, all the accused persons including the petitioner surrounded informant's son Bijendra Kumar and assaulted him Gadasa on his head. Seeing this, informant and his son Nitish Kumar went to save him, both of them were also assaulted by the accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.10120 of 2024(2) dt.21-02-2024 2/2 case. Learned counsel for the petitioner further submits that the injury received by Bijendra Yadav was with hard and blunt substance and the injury was grievous in nature. Wife of the petitioner has filed complaint case against the informant. The petitioner has no any criminal antecedent as has been stated in paragraph no. 3 of the present bail application. The petitioner is languishing in judicial custody since 25.10.2023. Charge-sheet has already been submitted in the present case.

5. Learned APP 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 taking into account 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada Muffasil P.S. Case No. 109 of 2023.

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