Krishna Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30468 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- SHANKARPUR District- Madhepura ====================================================== Krishna Mohan Yadav S/o Sri Jagdis Yadav @ Jagdish Das R/o Village Moura Khap ward no. 06, P.S. Shankarpur, Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar Jha For the Opposite Party/s :
Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in a case registered for the offence under Sections 341, 323, 307, 354B, 379, 387, 504 and 506 / 34 of the IPC.
3. The prosecution case in brief in that, petitioner alongwith other co-accused person assaulted with rod causing injury on the head of the informant. When the informant's wife Sulekha Devi and daughter Asha Kumari came to save the informant, the accused persons assaulted both of them and also misbehaved. There is allegation of demand of ransom rupees of one lac also.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 05.02.2024.
Patna High Court CR. MISC. No.30468 of 2024(2) dt.24-04-2024 2/2
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
6. On perusal of the FIR, injury report and impugned order dated 13.03.2024, it appears that on the basis of written report informant lodged FIR against 5 accused persons including the present petitioner. It also appears that the date of occurrence is 07.11.2023 but the FIR was lodged on 03.12.2023 i.e. after 26 days delay and the reason of delay mentioned in the FIR is due to attempt of compromise between the parties. On perusal of the injury report, it appears that one visible injury of laceration on the body of the victim caused by hard and blunt substance, injury No. 2 and 3 are found simple swelling in whole body.
7. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Shankarpur P.S. Case No. 199 of 2023.
(Ramesh Chand Malviya, J) saurabhkr/- U T