Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15336 of 2023 Arising Out of PS. Case No.-281 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== OM PRAKASH YADAV S/O Late Misri Yadav @ Rajwanshi Yadav R/O Village- Mahuawa, P.S- Chanpatiya (Kumarbagh O.P), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons came to the door of the informant and starting abusing the informant and on protest being made by the informant, he was assaulted by the accused persons due to which he sustained injuries. The family members came in rescue were also assaulted by the accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.12.2022 and has got no

Patna High Court CR. MISC. No.15336 of 2023(2) dt.01-05-2023 2/2 criminal antecedent as the petitioner has already been acquitted by the Trial Court. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per the allegation, the petitioner is said to have given single knife blow on the right side of the eye of the informant. As per the injury report, the doctor has found the said injury to be caused by hard and blunt substance. The allegation made by the informant does not corroborate with the injury report. There is no chance of trial being concluded in near future.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Chanpatiya (Kumarbagh O.P.) P.S. case No. 281 of 2022.

Pankaj/- (Sudhir Singh, J) U T