Patna High CourtCR. MISC./19779/2025bail granted

Ajay Yadav @ Ajay Kumar Yadav v. The State Of Bihar

2025-04-10Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19779 of 2025 Arising Out of PS. Case No.-231 Year-2024 Thana- LAUKAHA District- Madhubani ====================================================== Ajay Yadav @ Ajay Kumar Yadav S/O Musharu Yadav R/O Village- Khap (Basdeopur), P.S- Laukha, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP For the Informant :

Mr. Pramod Kr. Yadav, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant.

2. The petitioner seeks bail in connection with Laukha P.S. Case No. 5129017240231 of 2024 instituted for the offences under Sections 126(2), 115(2), 117(2), 118(1), 109, 303(2), 352, 351(2), 61(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the accusation againsst the accused persons including the petitioner is of assaulting the Informant and his wife by means of dabia, rod and danda, due to which both of them sustained severe injuries over their bodies.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.19779 of 2025(2) dt.10-04-2025 2/3 There is a case and counter case between the parties. The petitioner has also filed Laukha P.S. Case No. 232 of 2024 against the Informant and others. There is a land dispute between the parties. There is no specific or direct allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has four criminal antecedents and, all of them, he is on bail and is languishing in judicial custody since 27.12.2024 without any rhymes or reason. Charge-sheet has been submitted in this case.

5. On the other hand, learned A.P.P. for the State and the Informant has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. The petitioner has four criminal antecedents.

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 Laukha P.S. Case No. 5129017240231 of 2024, subject to the following conditions;

Patna High Court CR. MISC. No.19779 of 2025(2) dt.10-04-2025 3/3 (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T