Patna High CourtCR. MISC./32166/2024bail granted

Sachin Kumar Yadav @ Ajit Yadav v. The State Of Bihar

2024-05-03Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32166 of 2024 Arising Out of PS. Case No.-494 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== Sachin Kumar Yadav @ Ajit Yadav SON OF BECHAN YADAV VILLAGESiswabarhi, P.S.- Phulparas, DIST- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-05-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Phulparas P.S. Case No. 494 of 2020 registered for the offence under Sections 452, 341, 323, 324, 307, 354(B), 337, 379, 427, 504 and 506/34 of the Indian Penal Code.

3.The accused/petitioner is named in the F.I.R. and is in custody since 03.02.2023.

4. The allegation against the petitioner is to assault informant, along with other co-accused persons,

Patna High Court CR. MISC. No.32166 of 2024(2) dt.03-05-2024 2/3 by means of spade etc., causing head injuries, having intention to cause his death, where, occurrence arises out of previous land disputes.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner was implicated with present case out of land disputes. It is further submitted that no allegation regarding assault is available against petitioner, rather same is available against Bhage Yadav, who has already granted bail by this court through Cr. Misc. No. 2317 of 2023 vide order dated 19.06.2023. While concluding the argument, it has been submitted that petitioner found involved in seven criminal cases, where he is on bail, and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of State opposes the prayer of bail.

7. Considering the facts and circumstances as

Patna High Court CR. MISC. No.32166 of 2024(2) dt.03-05-2024 3/3 mentioned above, and by taking note of fact as allegation of assault is not available against this petitioner, who is in custody since 03.02.2023, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Phulparas P.S. Case No. 494 of 2020, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions JudgeIII, Jhanjharpur, Madhubani/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) archana/- U T