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Patna High CourtCR. MISC./36557/2024bail granted

Sonu Yadav @Sonu Kumar v. The State Of Bihar

2024-06-25Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36557 of 2024 Arising Out of PS. Case No.-74 Year-2024 Thana- NARHATT District- Nawada ====================================================== 1.

Sonu Yadav @Sonu Kumar son of Jaso Yadav Village- Daulatur, Ps- Narhat, Dist- Nawada 2.

Monu Yadav @ Ajay Kumar Son Of Jaso Yadav Village- Daulatur, PsNarhat, Dist- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-06-2024

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

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 323, 341, 325, 307, 379, 427, 504/34 of the Indian Penal Code.

3. The learned counsel for the petitioners submits that the petitioner no. 1 has one criminal antecedent in which he has been granted bail and petitioner no. 2 is a person with clean antecedent and both have falsely been implicated in the instant case by the informant with an allegation that petitioner No.1 assaulted the injured by iron rod causing injury on head

Patna High Court CR. MISC. No.36557 of 2024(2) dt.25-06-2024 2/3 thereafter, petitioner No.2 also assaulted the injured by lathi on head. It is further submitted that the order impugned does not record the nature of injury but then based on instruction, it is submitted that there is one injury on head and the injury is simple in nature.

4. Learned A.P.P. opposes the anticipatory bail application and submits that there is specific allegation against the petitioner No.1 of assaulting the injured by iron rod causing injury on head which is vital part of the body on which learned counsel for the petitioner submits that the blow is not alleged to have been repeated.

5. Consideration the submissions made by the learned counsel for the petitioners, the petitioners, above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Nawada in connection with Narhat P. S. case No. 74 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. However, the learned trial Court Court before

Patna High Court CR. MISC. No.36557 of 2024(2) dt.25-06-2024 3/3 accepting the bail-bond of the petitioners shall verify the injury report of the injured and in the event, if it is found the injury suffered by the injured on head is grievous in nature, in that event, the present order shall not be given effect to.

7. The applications stands allowed.

(Satyavrat Verma, J) ravikr/- U T