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Patna High CourtCR. MISC./16642/2025allowed

Kapil Yadav v. The State Of Bihar

2025-04-11Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16642 of 2025 Arising Out of PS. Case No.-859 Year-2024 Thana- JAMUI District- Jamui ====================================================== 1.

Kapil Yadav, S/O Titu Yadav, Resident of village - Thegua, P.S- Jamui, District- Jamui 2.

Ramdhari Yadav, S/O Daso Yadav, Resident of village - Thegua, P.S- Jamui, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ruchi Mandal, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-04-2025 Heard Ms. Ruchi Mandal, learned counsel for the petitioners and Mr. Binod Kumar, learned APP for the State.

2. The petitioners have prayed for bail in connection with Jamui P.S. Case No.859 of 2024 registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 109, 329(4), 305, 308(3), 125(a) and 352 of the Bhartiya Nyaya Sanhita.

3. The case of the prosecution is that Kapil Yadav, petitioner no.1 assaulted with iron rod on the head of the informant due to which he received head injury. He also assaulted on his right leg. It is further alleged that Ramdhari Yadav, petitioner no.2 and Chotu Yadav started pressing the neck of the informant and also demanded rangdari. It is further alleged that the accused

Patna High Court CR. MISC. No.16642 of 2025(2) dt.11-04-2025 2/2 persons also took away Rs. 50,000/- from the box and the jewellery.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. There is also a counter version of this case and from perusal of the injury report of the informant, it will transpire that the informant has received only one lacerated wound and there is no other wound. Petitioners are languishing in judicial custody since 04.01.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No.859 of 2024.

(Ashok Kumar Pandey, J) lata/- U T