Chhote Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24058 of 2025 Arising Out of PS. Case No.-40 Year-2021 Thana- CHHABILAPUR District- Nalanda ====================================================== Chhote Yadav, aged about 40 years, Gender-Male, Son of Sazo Yadav, Resident of Vill- Keshari Bigha, P.S.- Chhabilapur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kishor, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Sessions Trial No. 807 of 2024 arising out of Chhabilapur P.S Case No. 40 of 2021 registered for the offence punishable under Sections 341, 323, 338, 504 and 302/34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioner along with co-accused have assaulted the son of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits there is no specific allegation against the petitioner rather allegation is general and omnibus in nature. He further submits that three co-accused have already granted regular by the Co-ordinate Bench of this Court in Cr. Misc. No. 54436 of

Patna High Court CR. MISC. No.24058 of 2025(3) dt.02-05-2025 2/2 2021, Cr. Misc. No. 24768 of 2024 and Cr. Misc. No. 36131 of 2024. Petitioner is in custody since 15.05.2024.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. On perusal of FIR, impugned order and other material available on record, it appears that there is no specific allegation against the petitioner rather allegation is general and omnibus in nature. Further, three co-accused have already granted regular by the Co-ordinate Bench of this Court in Cr. Misc. No. 54436 of 2021, Cr. Misc. No. 24768 of 2024 and Cr. Misc. No. 36131 of 2024.

7. So considering all aspects of the case, and submissions made by learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J-II-cumPOCSO-I, Nalanda at Bihar Sharif in connection with Chhabilapur P.S Case No. 40 of 2021.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T