Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32712 of 2022 Arising Out of PS. Case No.-505 Year-2020 Thana- NAUBATPUR District- Patna ====================================================== 1.
AJAY YADAV SON OF BAHADUR YADAV R/O VILLAGEKARDAHA, P.S.- NAUBATPUR, DISTRICT- PATNA 2.
PINKU KUMAR SON OF SANJAY YADAV R/O VILLAGE- KARDAHA, P.S.- NAUBATPUR, DISTRICT- PATNA 3.
ROSHAN KUMAR SON OF AJAY YADAV R/O VILLAGE- KARDAHA, P.S.- NAUBATPUR, DISTRICT- PATNA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Jyotsna Rani Mishra For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-09-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Petitioners seek regular bail in a case registered for the offences punishable under Sections 341, 323 and 307/34 of the Indian Penal Code.
As per allegation, petitioners and co-accused persons surrounded the informant's father and assaulted at the head of the informant's father by means of iron rod.
The main submissions advanced by Ms. Jyotsna Rani Mishra, the learned counsel appearing for the petitioners are that during course of investigation, some witnesses of the prosecution
Patna High Court CR. MISC. No.32712 of 2022(2) dt.01-09-2022 2/2 specifically alleged that co-accused Sanjay Yadav assaulted the informant's father and said Sanjay Yadav has been granted bail by the court below, documents concerned to the medical treatment of the informant's father have been filed as annexure 2 series which show that no serious injury has been found on the body of the informant's father and against the petitioners there is no serious allegation and they have been languishing in jail since 4.2.2022 and both parties being co-villagers have compromised the case vide annexure 3, petitioners have been charge sheeted and presently, they are facing trial.
Sri Kumar Veerendra Narayan, learned APP appearing for the State has opposed the prayer for bail.
In view of above submissions and considering the fact that both parties are co-villagers and there is no specific allegation against the petitioners who are presently facing trial, in the opinion of this court, a lenient approach can be taken in respect of the petitioners. Let the petitioners be released 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 Addl. Chief Judicial Magistrate III, Danapur in Naubatpur P.S Case No. 505 of 2020.
(Shailendra Singh, J) s.hassan/- U T