Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34438 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- KAKO District- Jehanabad ====================================================== SURENDRA YADAV S/O LATE RAGHUNI YADAV R/o village- Badhauna, P.S.- Kako (Bhelawar O.P.), District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Prasad Sinha- Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Kako (Bhelawar) P. S. Case No.30 of 2021, instituted for the offences under Sections 395 and 397 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 16.02.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

The learned counsel for the petitioner submits that informant alleges that when he came down from upstairs in the morning at 5.00 A.M., he saw the door of the house

Patna High Court CR. MISC. No.34438 of 2021(3) dt.03-01-2022 2/3 opened and articles, as mentioned in the F.I.R., were stolen and saw his wife in an injured condition, who disclosed the name of the accused persons including the petitioner, who had committed the robbery.

The learned counsel for the petitioner submits that the injured at Para-26 of the case diary has given a specific statement that she was injured on account of assault by khanti made by Ranjan Bind. The learned counsel further submits that though it is alleged in the F.I.R. by the informant that his wife was seen in an injured condition and the wife alleges that she was assaulted by Ranjan Bind, but there is no injury report in the case diary.

The learned A.P.P. for the State very fairly submits that allegation as alleged by the informant appears to be exaggerated version as there is no injury report in the case diary.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent and chargesheet has been submitted in the case, the petitioner, abovenamed, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.34438 of 2021(3) dt.03-01-2022 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st, Jehanabad in connection with Kako (Bhelawar) P. S. Case No.30 of 2021. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T