Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21170 of 2022 Arising Out of PS. Case No.-159 Year-2020 Thana- CHANDRAMANDI District- Jamui ====================================================== RAJESH YADAV ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Nikita Mittal For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 147, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code. As per the prosecution case, the petitioner and other accused persons came to the tea stall of the informant and took tea and when the brother of informant Pintu Yadav demanded payment of the tea, the petitioner and other co-accuseds abused and left without paying. After one and half hours, all the accused persons again came to the tea stall of the informant armed with lathi, danda and farsa and assaulted the informant and his brothers Pintu Yadav and Kisun Yadav as well as the father of the informant Balmukund, causing severe injuries. The

Patna High Court CR. MISC. No.21170 of 2022(2) dt.04-08-2022 2/2 injured were taken to hospital where Pintu Yadav succumbed to the injuries.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. There is case and counter case between the parties. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 01.02.2022. The other co-accused persons have been already granted bail in vide order dated 17.11.2021 and 22.06.2022 passed in Criminal Misc. No. 23546 of 2021 and 8539 of 2022 respectively. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, 4th , Jamui, in connection with Chandramandih P.S. Case No. 159 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T