Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31790 of 2021 Arising Out of PS. Case No.-50 Year-2019 Thana- GURUA District- Gaya ====================================================== ASHOK YADAV Son of Late Siddihi Yadav Resident of Village - Pirwaraa, P.S.- Gurua, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 307/120B and other ancillary sections of the Indian Penal Code. As per the prosecution case, the petitioner assaulted one Mustaque Khan as a result of which he sustained fracture injury on his hand and leg.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of assault against 10/15 accused persons. Present case is counter blast of Gurua Police Station Case No. 49 of 2019 and in the alleged occurrence both sides sustained injuries. Petitioner has claimed clean antecedent and he is in custody since 31.1.2021. Charge

Patna High Court CR. MISC. No.31790 of 2021(3) dt.07-10-2021 2/2 sheet has already been submitted.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Gurua Police Station Case No. 50 of 2019 on the following conditions:-

(1) Petitioner shall co-operate 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T