Prem Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17336 of 2024 Arising Out of PS. Case No.-77 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Prem Yadav, aged about 26 years, Male Son of Late Shiv Bachan Yadav, Resident of Village - Rampur, Police Station - Rampur, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Rampur P.S. Case No. 77 of 2023 instituted for the offences punishable under Sections 447, 448, 341, 323, 307, 325, 379, 354, 504, 506/34 of the Indian Penal Code.
3. As per the prosecution case, 10 to 12 unknown persons including the petitioner came at the house of the informant and started abusing and assaulting him and snatched golden chain from the neck of his wife and also teasing the female member of the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.17336 of 2024(2) dt.20-03-2024 2/3 petitioner is innocent and has committed no offence and has falsely been implicated in this case merely on the basis of village politics. There is no any reason given by the informant that on what pretext 10-12 persons came and assaulted the informant and his family members. During course of investigation two injured were examined and all the injuries which were alleged on the vital part of the body are simple in nature. Petitioner is in custody since 10.08.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR and impugned order of the learned Additional Sessions Judge-V, Gaya dated 21.12.2023, it appears that the FIR has been lodged against five accused persons including the petitioner. The allegation against the petitioner is that he assaulted by means of iron rod due to which informant's head was injured. Perusal of the injury report it appears that total three injuries have been found on the informant. Injury nos. 1 and 3 are simple in nature and injury no. 2 are swelling over right wrist joint, accordingly the prayer for bail of the petitioner is allowed. Let 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 learned Judicial Magistrate-1st
Patna High Court CR. MISC. No.17336 of 2024(2) dt.20-03-2024 3/3 Class, Gaya in connection with S.Tr. No. 1190 of 2023 arising out of Rampur PS Case No. 77 of 2023.
(Ramesh Chand Malviya, J) Anand Kr.
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