Vinay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40313 of 2021 Arising Out of PS. Case No.-209 Year-2020 Thana- TELHARA District- Nalanda ====================================================== VINAY YADAV S/O JANKI YADAV RESIDENT OF VILLAGE CHAGUPUR, POST STATION-TELHARA, DISTRICT-NALANDA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-01-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. Petitioner who is in custody since 24.12.2020 seeks regular bail in connection with Telhara P.S. Case No. 209 of 2020 registered for offence punishable under Sections 341, 323, 324, 307, 354, 379 and 504/34 of the Indian Penal Code. Prosecution story in brief is that on 23.12.2020, informant Pinki Devi, while she was making goitha, accused persons named in the F.I.R came armed with lethal weapons and started assaulting her as a result of which, Rita Devi and Chanto Kumari sustained injury.
Patna High Court CR. MISC. No.40313 of 2021(2) dt.06-01-2022 2/3 Learned counsel appearing on behalf of the petitioner submits that there is allegation against the petitioner that he has assaulted Chantu Kumari on her vital part though, from the injury report it appears that injury is simple in nature. He further submits that there is case and counter case between the parties and in this regard, he has also annexed F.I.R. lodged by one Janki Yadav bearing Telhara P.S. Case No. 210 of 2020 subsequent to the F.I.R. in question.
Learned A.P.P., however opposes the prayer for bail. Considering the rival submissions of the parties, allegation made in the F.I.R. and the nature of injury inflicted by the petitioner upon the victim is of simple in nature, the petitioner is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court of J.M.-V(1st Class), Hilsa in connection with Telhara P.S. Case No. 209 of 2020 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.
(ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.
Patna High Court CR. MISC. No.40313 of 2021(2) dt.06-01-2022 3/3 (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Niraj/- U T