Patna High CourtCR. MISC./33386/2022bail granted

Dinesh Yadav v. The State Of Bihar

2022-10-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33386 of 2022 Arising Out of PS. Case No.-79 Year-2020 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Dinesh Yadav Son Of Late Tilak Yadav R/O Village- Gulni, P.S.- Magadh Medical, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code. As per the FIR, petitioner assaulted the informant by the butt of pistol over his head causing head injury and he also fired upon the informant, but no firearm injury caused to him. It is submitted that petitioner has been falsely implicated in this case. The injury report falsifies the prosecution version. As per the FIR petitioner is alleged to have assaulted the informant over his head with butt of pistol, but no injury was found over his head and he sustained only fracture

Patna High Court CR. MISC. No.33386 of 2022(2) dt.18-10-2022 2/2 injury in leg. Moreover, none has sustained firearm injury. Petitioner claims clean antecedent.

Considering the facts aforesaid, injury on the record and clean antecedent, the petitioner above-named, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, 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 Additional Chief Judicial Magistrate IV, Gaya in connection with Magadh Medical P.S. Case No. 79 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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