Sushil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24451 of 2025 Arising Out of PS. Case No.-10 Year-2025 Thana- MADANPUR District- Aurangabad ====================================================== Sushil Yadav S/o Kulendra Yadav R/o Village- Kusha, PO -Madanpur, PSMadanpur, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv.

Ms. Sakshi Deep, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP For the Informant :

Ms. Mukul Kumari, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Madanpur P.S. Case No. 10 of 2025 dated 12.01.2025 registered for the offence punishable under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.

3. The allegation against four F.I.R. named accused persons is that they pulled out the informant's brother by his collar in front of driver of the bus and thrashed his head with the bus due to which he sustained injuries and became unconscious. Even after that the

Patna High Court CR. MISC. No.24451 of 2025(2) dt.30-04-2025 2/3 accused persons mounted on his chest and assaulted him with fists and legs and pressed his neck. Thereafter, four accused persons fled away.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is not named in the F.I.R. but during course of investigation, he has been made accused in this case. It is submitted that on a bare perusal of the F.I.R., it appears that the four named accused persons have assaulted the brother of the informant. It is further submitted that the petitioner's name has not been disclosed by the informant. The entire allegation of assault is against the four named accused persons. Lastly, it has been submitted that the petitioner is in custody since 14.01.2025, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. On the other hand, learned counsel for the informant has also vehemently opposed the prayer for bail of the petitioner and submitted that during course of

Patna High Court CR. MISC. No.24451 of 2025(2) dt.30-04-2025 3/3 investigation, it has come that the petitioner along with other accused persons actively participated in the said crime.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad in connection with Madanpur P.S. Case No. 10 of 2025.

(Khatim Reza, J) prabhat/- U T