Bachchhu Yadav @ Bachchu Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31560 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- GOVINDPUR District- Nawada ====================================================== Bachchhu Yadav @ Bachchu Prasad Yadav Son of Late Durga Yadav Resident Of Village- Patandei, P.S- Govindpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indradeo Prasad, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Govindpur P.S. Case No. 45/2023 registered for the offence under Sections 341, 323, 307, 353, 504, 506/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 13.03.2023.

The allegation against this petitioner is to assault informant and others causing bodily injuries by pelting stones, while protesting the arrest of co-accused, namely, Nitish Kumar along with other co-accused persons and also to deter the

Patna High Court CR. MISC. No.31560 of 2023(2) dt.20-06-2023 2/3 informant to discharge official functions, who are none but the police personnels.

Learned counsel appearing on behalf of the petitioner submitted that petitioner was implicated only for the reason that he appears to be a friend of co-accused Nitish Kumar and was the driver of vehicle. It is submitted that allegation of pelting stones, as per narration of F.I.R. is not available against this petitioner. While concluding the argument it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the fact as allegation regard to pelting stones is not available against petitioner, as per the narration of F.I.R., coupled with the fact that charge-sheet has been submitted, where petitioner is in custody since 13.03.2023, accordingly the petitioner, above named, is directed to be released on bail in connection with Govindpur P.S. Case No. 45/2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.31560 of 2023(2) dt.20-06-2023 3/3 satisfaction of learned Sub-Divisional Judicial Magistrate, Nawada/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T