Tej Narayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15152 of 2020 Arising Out of PS. Case No.-449 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Tej Narayan Yadav S/o Late Ramchandra Yadav Resident of Village- Bhadwa, P.S.- Chhotiapatti, P.S.- Sadar, Distt- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jain, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-06-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner who is in custody since 22.10.2019 has filed the instant application for grant of regular bail in connection with Darbhanga Sadar P.S. Case no. 449 of 2019 registered under sections 341, 323, 307, 379 and 34 of the Indian Penal Code.

As per allegation in the FIR, while the younger brother of the informant was returning with the money meant for the labourers at the brick-kiln, four named accused persons including the petitioner herein variously armed stopped and attacked him. It is stated that the petitioner gave a blow on the waist. He was also attacked by co-accused Mukund Yadav and others as a result of which he fell down injured. The accused persons took away the mobile phone, motorcycle and the amount that he was carrying. The younger brother of the informant fell unconscious and he was taken to the DMCH, Darbhanga.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.15152 of 2020(4) dt.16-06-2020 2/2 the allegations as levelled in the FIR are false. The informant is clearly not an eye-witness to the occurrence. It is submitted that the brother of the informant sustained injuries in a road accident and due to previous enmity the petitioner was falsely implicated in the case. It is further submitted that the doctor has found the injuries to be simple in nature which would be evident from the injury report which has been mentioned in the case diary. It is finally submitted that the petitioner is in custody since 22.10.2019.

The application for bail is opposed by learned Additional PP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of injuries which was found to be simple by the doctor together with the petitioner remaining in custody since 22.10.2019, the Court is inclined to enlarge petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Darbhanga Sadar P.S. Case no. 449 of 2019 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga. (Partha Sarthy, J) Prakash/- U