Ram Lakhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41732 of 2021 Arising Out of PS. Case No.-153 Year-2019 Thana- BIND District- Nalanda ====================================================== 1.

RAM LAKHAN YADAV S/O LATE RAM YADAV R/o village and P.S.- Bind, District- Nalanda 2.

SUNIL YADAV @ SUDHIR YADAV S/O LATE RAMASHISH YADAV R/o village and P.S.- Bind, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2022 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Bind P.S. Case No. 153/2019, registered for the offence punishable under Sections 341, 323, 326, 307, 504 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.41732 of 2021(2) dt.04-01-2022 2/3 The allegation is regarding the accused persons including the petitioners herein having assaulted the informant. As far as the petitioners are concerned, they are stated to have inflicted a knife blow, which had hit in the armpit of the informant.

The learned counsel for the petitioners has submitted that the petitioners are innocent, they have been falsely implicated in the present case, they are having clean antecedent and they are languishing in custody since 1.3.2021. The learned counsel for the petitioners has referred to Annexure-3 series to the present petition to show that the injuries sustained by the informant, which are attributable to the petitioners, have been found to be simple in nature.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the

Patna High Court CR. MISC. No.41732 of 2021(2) dt.04-01-2022 3/3 petitioners and taking into account the materials available on record as also considering the fact that the injuries sustained by the informant, which are attributable to the petitioners, have been found to be simple in nature, I deem it fit and proper to direct for release of the petitioners on regular bail.

Accordingly, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Nalanda at Bihar Sharif in connection with Bind P.S. Case No. 153/2019.

(Mohit Kumar Shah, J) Ajay/- U