Gaurav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14853 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- GOPALPUR District- Bhagalpur ====================================================== Gaurav Yadav Son of Late Beni Yadav R/o Village- Bhawanipur, P.S.- Rangra, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Yadav, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Gopalpur (Rangra O.P.) P.S. Case No. 143 of 2023 dated 24.03.2023, instituted for the offence punishable under Sections 341, 323, 324, 326, 307, 379/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 23.03.2023 at about 03.30 pm, when informant was at his shop situated opposite to Madan Ahilya College, four accused persons including the petitioner arrived at the shop of the informant and asked for smack upon which informant said that he does not used to sell smack. Thereafter, accused persons started assaulting the informant. When the cousin brother namely, Rajiv Kumar and father of the informant came to his

Patna High Court CR. MISC. No.14853 of 2024(2) dt.13-03-2024 2/3 rescue then co-accused namely, Rupesh Yadav stabbed knife in the stomach of Rajiv Kumar. When the informant went to rescue Rajiv Kumar, Rupesh Yadav injured him at his left hand due to which he sustained injury. It is further alleged that Ajit Kumar and Gaurav Yadav had caught hold the informant and Rupesh Yadav stabbed him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no specific allegation of assault against the petitioner rather the specific allegation is against co-accused Rupesh yadav, who stabbed knife in the stomach of one Rajiv Kumar and when informant went to rescue Rajiv Kumar, Rupesh Yadav injured him also. It is further stated that petitioner is only member of unlawful assembly. Lastly, it has been submitted that the petitioner is in custody since 28.06.2023 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of

Patna High Court CR. MISC. No.14853 of 2024(2) dt.13-03-2024 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st, Naugachia District- Bhagalpur/Successor Court in connection with Gopalpur (Rangra O.P.) P.S. Case No. 143 of 2023. (Khatim Reza, J) sankalp/- U T