Patna High CourtCR. MISC./32178/2023bail granted

Subodh Kumar @ Subodh Yadav v. The State Of Bihar

2023-07-21Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32178 of 2023 Arising Out of PS. Case No.-29 Year-2022 Thana- PANDARAK District- Patna ====================================================== 1.

SUBODH KUMAR @ SUBODH YADAV S/O LATE ARJUN YADAV R/O Village- Lemuabad, P.S- Pandarak, Distt.- Patna. 2.

Shyam Sundari Devi W/O Bhaso Yadav R/O Village- Lemuabad, P.SPandarak, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Premchandra Yadav, Advocate.

For the Opposite Party/s :

Dr.Mrityunjaya Kr.Gautam, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-07-2023 Heard Mr. Premchandra Yadav, learned counsel appearing on behalf of the petitioners and Dr. Mrityunjaya, Kumar Gautam, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Pandarak P.S. Case No. 29 of 2022 registered for the offence punishable under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the accused persons including the petitioners assaulted the informant with iron rod. The specific allegation of assaulting the informant by means of iron rod causing head injury is against co-accused Dharam Raj.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.32178 of 2023(2) dt.21-07-2023 2/2 petitioners submitted that the petitioners are innocent and have falsely been implicated in the case. Though the petitioners are named in the F.I.R., but specific allegation of assaulting the informant by means of iron rod causing head injury is against co-accused Dharam Raj. The allegation levelled against the petitioners is general and omnibus. The parties have entered into compromise.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the aforesaid facts and circumstances, the petitioners, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Barh, Patna in connection with Pandarak P.S. Case No. 29 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T