Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8539 of 2022 Arising Out of PS. Case No.-159 Year-2020 Thana- CHANDRAMANDI District- Jamui ====================================================== Ajay Yadav S/o Bigu Yadav Resident of Village- Ghaghra, P.S.- Chandramandi, and District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj, Advocate For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within four weeks from today.

The petitioner seeks regular bail in connection with Chandramandih P.S. Case No. 159 of 2020 instituted for the offences punishable under Sections 147, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.06.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. The prosecution case, in short is that on 02.11.2020 at about 04:00 pm, the accused persons, including the petitioner, came at the stall of the informant and took tea. Thereafter, brother of the informant namely, Pintu Yadav (deceased) asked about the payment of tea but they started abusing and went away without paying money, after half an hour all the accused persons again came at the tea stall of the informant armed with lathi, rod

Patna High Court CR. MISC. No.8539 of 2022(2) dt.22-06-2022 2/2 and farsa and assaulted Mukesh Yadav (informant), brother of the informant namely, Pintu Yadav as well as informant's father namely, Balmukund Yadav causing grievous injury. It is further alleged that injured were taken to hospital, where Pintu Yadav succumbed to his injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has no antecedent. He has falsely been implicated in this case. There is a case and counter case and the allegation against the petitioner is general and omnibus in nature. Petitioner is in judicial custody since 23.06.2021. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 23.06.2021 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 4th, Jamui in connection with Chandramandih P.S. Case No. 159 of 2020.

(Khatim Reza, J) Gaurav Kumar/- U T