Maheshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27678 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- MARAUNA District- Supaul ====================================================== Maheshwar Yadav S/o- Late Munna Yadav R/o Vill- Rataho, P.S- Marauna, Dist- Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr. J.N. Thakur For the Informant :

Mr.Kuldeep Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Marauna P.S. Case No. 25 of 2023, registered for the offences punishable under Sections 147, 149, 341, 323, 324, 325, 307, 379, 447, 504, 506 of the IPC.

3. The specific allegation against the petitioner is that he inflicted axe blows on the head of Jay Krishna Yadav, the brother of the informant, who suffered grievous injuries.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He is a person of clean antecedent. There is case and counter case. The petitioner and his family members have also

Patna High Court CR. MISC. No.27678 of 2024(3) dt.01-08-2024 2/3 suffered several injuries. The petitioner is under custody since 13.12.2023.

5. On the other hand, the learned APP for the State Sri J.N. Thakur assisted by the learned counsel for the informant have opposed the prayer for bail and submitted that two grievous injuries were found on the person of Jay Krishna Yadav (brother of the informant) and there is specific allegation against the petitioner that he inflicted axe blows on the head of Jay Krishna Yadav.

6. Considering the above-mentioned facts and circumstances as well as the period of custody, clean antecedent and also the fact that the members of defense side have also suffered injuries, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Supaul in connection with Marauna P.S. Case No. 25 of 2023, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) The petitioner shall physically present on each and every date before the

Patna High Court CR. MISC. No.27678 of 2024(3) dt.01-08-2024 3/3 learned court below till framing of the charges. In case of failure on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bonds of the petitioner. (Nawneet Kumar Pandey, J) kundan/- U T