Sugriw Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.23784 of 2021 Arising Out of PS. Case No.-281 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== SUGRIW YADAV Son of Vishwanath Yadav Resident of Village - Daunaha, P.S.- Dhanha, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra,Advocate For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-09-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned APP for the State. The petitioner in the present case is seeking regular bail in connection with Dhanha P.S. Case No. 281 of 2020 registered for the offences punishable under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner and the informant are full brothers. It is alleged that the petitioner gave a farsa blow on the head of the informant because of a land dispute.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.23784 of 2021(2) dt.14-09-2021 2/3 petitioner is innocent and has falsely been implicated in the present. It is submitted that the injury caused by farsa is simple in nature. The petitioner has remained in jail since 14.12.2020 having no criminal antecedents.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that there is only one blow on the head of the injured brother of the petitioner and the said injury has been found to be simple in nature as per Annexure '2', the petitioner has remained in jail for nine months and has otherwise no criminal antecedents, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Bagaha, West Champaran in connection with Dhanha P.S. Case No. 281 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal

Patna High Court CR. MISC. No.23784 of 2021(2) dt.14-09-2021 3/3 antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.