Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13114 of 2023 Arising Out of PS. Case No.-188 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Rajesh Yadav S/O Late Chhattu Yadav Resident Of Village- Shyamal Das Lane, Ishakchak, P.S.- Ishakchak, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashutosh Kumar For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Ishakchak P.S. Case No. 188 of 2022 registered under sections 341, 323, 307, 385, 379, 338 and 34 of the Indian Penal Code.

Prosecution case relates to assault upon the informant by the co-accused person including this petitioner due to which he sustained injury. It is further alleged that they demanded ransom money of Rs. 50,000/- and took away 5,000/- cash. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. It is further submitted that there is no specific overt act of

Patna High Court CR. MISC. No.13114 of 2023(2) dt.25-04-2023 2/2 assaulting or snatching money rather general and omnibus allegation has been levelled against him. Nothing has been recovered from the conscious possession of the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 25.09.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Ishakchak P.S. Case No. 188 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhagalpur.

(Sunil Kumar Panwar, J) shubham/- U T