Ajay Yadav @ Bichha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42790 of 2021 Arising Out of PS. Case No.-48 Year-2021 Thana- PANDARAK District- Patna ====================================================== AJAY YADAV @ BICHHA S/O ARJUN YADAV R/o village- Gowasa Seikhpura (Ghera Par), P.S.- Pandarak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Pandarak Police Station Case No. 48 of 2021, registered for the offences punishable under Sections 341/323/307/448/379/504/ 427/506/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that altogether six persons assaulted the informant and his son by means of butt of the pistol and iron rod. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted story due to village rivalry. He further submits that the allegation against the petitioner is general and omnibus in nature and referring to Annexure 3 series, he submits that the

Patna High Court CR. MISC. No.42790 of 2021(2) dt.02-02-2022 2/2 injuries caused to the victims are simple in nature. He further submits that the petitioner is in custody since 19.05.2021 and charge sheet has been submitted against the petitioner and as such, there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

Regards being had to the submissions advanced on behalf of the parties concerned and taking into consideration the materials available on record and the fact that the allegation against the petitioner is general and omnibus in nature, injuries caused to the informant and his son are simple in nature, he is in custody since 19.05.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, 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 learned 1st Additional Chief Judicial Magistrate, Barh, Patna, in connection with Pandarak Police Station Case No. 48 of 2021. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √