Salesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24254 of 2022 Arising Out of PS. Case No.-312 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== SALESH YADAV SON OF GARIB DAS R/O VILLAGE- SHADPUR EAST, P.S.- SAHEBPUR KAMAL, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 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 307, 147, 148, 149, 323, 504, 379 and 506 of the Indian Penal Code. As per the prosecution case, it is stated by the informant that six named accused persons including the petitioner herein came variously armed. While other accused are said to have assaulted the husband of the informant with an iron rod, the petitioner is said to have assaulted the informant's devar with a lathi.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is an unexplained delay of 10 days in lodging of the FIR. Some

Patna High Court CR. MISC. No.24254 of 2022(3) dt.12-01-2023 2/2 of the co-accused have been enlarged on bail. The petitioner is in custody since 3.1.2022 and he undertakes to cooperate in the trial.

Heard learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that besides there being direct allegation against the petitioner of having given a lathi blow on the head of the informant's devar, the petitioner has criminal antecedent and trial has commenced in the learned trial Court. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR together with the petitioner having remained in custody since 3.1.2022, the Court directs the petitioner to be enlarged on bail in connection with Sahebpur Kamal P.S. Case no. 312 of 2021, G.R. no. 3903 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, Begusarai.

(Partha Sarthy, J) Prakash/- U