Patna High CourtCR. MISC./39885/2021bail granted

Naresh Yadav v. The State Of Bihar

2022-01-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39885 of 2021 Arising Out of PS. Case No.-13 Year-2021 Thana- SONBERSA District- Saharsa ====================================================== Naresh Yadav Son of Poli Yadav Resident of Village Khajuraha, P.S. Sonbarsa, District - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rashmi Jha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Sonbarsa Raj P.S. Case No. 13 of 2021, registered for the offence punishable under Sections 307, 323 and other allied sections of the Indian Penal Code.

As per the prosecution case, this petitioner assaulted the son of informant with Axe on his Kanpatti causing cut injury.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Entire allegation is false and concocted. The occurrence took place on 08.01.2021 but the FIR was lodged on 02.02.2021 i.e. after delay of 26 days without any plausible explanation. Petitinoer is accused in as many as in 14 cases and he is on bail in 13 cases.

Patna High Court CR. MISC. No.39885 of 2021(3) dt.28-01-2022 2/2 Petitioner is in custody since 15.03.2021. Investigation is complete.

However, counsel for State opposed the bail application and submitted that there is specific allegation of assault by Axe against the petitioner and the doctor has found the injury to be grievous in nature.

Considering the period of custody and delayed lodging of FIR, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate/concerned court, Saharsa in connection with Sonbarsa Raj P.S. Case No. 13 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T