Subhash Yadav @ Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31125 of 2024 Arising Out of PS. Case No.-563 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Subhash Yadav @ Subhash Kumar Son of Vijay Yadav @ Bijay Yadav Resident of village - Balwapar, Police Station - Warisaliganj, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Warisaliganj P.S. Case no.563 of 2023 registered under sections 307, 379, 341, 323, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the four named accused persons who were variously armed started to abuse the informant. It is further stated that the petitioner assaulted with an iron rod on his head leading to serious injuries. The other accused persons assaulted with lathi, danda etc.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The manner of

Patna High Court CR. MISC. No.31125 of 2024(3) dt.26-07-2024 2/2 occurrence is other than what has been narrated in the FIR. The alleged injuries have been found to be simple in nature and the petitioner is in custody since 28.2.2024.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the FIR but there is direct allegation against him of having assaulted with an iron rod on the vital part of the body leading to serious injuries.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the injury having been found to be simple in nature, the petitioner having remained in custody since 28.2.2024 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Warisaliganj P.S. Case no.563 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada.

(Partha Sarthy, J) Saurabh/- U T