Saroj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19861 of 2024 Arising Out of PS. Case No.-167 Year-2023 Thana- MADHEPUR District- Madhubani ====================================================== Saroj Yadav S/o Late Jagdish Yadav R/o Vill - Darjiya, P.S. - Madhepur, Dist. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Madhepur P.S. Case No. 167 of 2023 (G.R. No. 1188 of 2023) instituted for the offences under Sections 143, 341, 447, 323, 324, 307, 354(B), 379, 504, 506 of the Indian Penal Code.
3. As per prosecution case, the accusation against the petitioner is of assaulting the Informant by means of iron rod.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as
Patna High Court CR. MISC. No.19861 of 2024(2) dt.18-03-2024 2/3 alleged against him and has falsely been implicated in the present case due to land dispute. He further submits that there is a vital contradiction in between the statement of the Informant and the injury reports issued by the doctors. Charge-sheet has been submitted in this case. The petitioner has three criminal antecedents as has been stated in paragraph no.3 of the present bail application. The petitioner is languishing in judicial custody since 24.11.2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Court below/concerned Court in connection with Madhepur P.S. Case No. 167 of 2023 (G.R. No. 1188 of 2023), subject to the following conditions;
(i) One of the bailors shall be own/close member
Patna High Court CR. MISC. No.19861 of 2024(2) dt.18-03-2024 3/3 of the family of the petitioner.
(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) rishi/- U T