Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34761 of 2020 Arising Out of PS. Case No.-39 Year-2020 Thana- KASMA District- Aurangabad ====================================================== SUDHIR YADAV, aged about 22 years (Male), Son of Rambali Yadav, Resident of Village - Chitrasari, P.S.- Kasma, Distt.- Aurangabad. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shailesh Kumar Singh, Advocate.

For the Opposite Party :

Mr. Rajballabh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 324, 307, 504, 506 and 379/34 of the I.P.C.

The prosecution story, in brief, is that on 05.05.2020, the younger son of the informant, namely, Abhay Yadav, was grazing his cattle in south side of village, in the meantime, F.I.R. named accused persons suddenly started assaulting to his son by Lathi, Rod and Garasa. The accused Sindhu Yadav assaulted to his son by Garasa on the head and Chamari Yadav also assaulted

Patna High Court CR. MISC. No.34761 of 2020(2) dt.20-01-2021 2/3 with Garasa to his elder son, Dhananjay Yadav on his head and body. When the wife of the informant came to rescue his son, Ganesh Yadav assaulted her with Garasa. Accused persons also assaulted the informant and Vidhesh Yadav assaulted the informant with rod and took Rs. 500 from his pocket. Sudhir Yadav snatched a golden chain from the neck of his son. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 29.05.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. Nature of injury is said to be simple. General and omnibus allegation has been made against the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

Patna High Court CR. MISC. No.34761 of 2020(2) dt.20-01-2021 3/3 Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, in connection with Kasma P.S. Case No. 39/2020. (Sudhir Singh, J) U.K./- U T