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Patna High CourtCR. MISC./34627/2020bail granted

Amarjeet Yadav v. The State Of Bihar

2020-12-23Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34627 of 2020 Arising Out of PS. Case No.-163 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== Amarjeet Yadav, Gender-Male, aged about 42 years, Son of Late Jagdish Yadav, Resident of Village- Shyampur Kotraha, Police Station- Nautan, District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar No. 7, Advocate.

For the Opposite Party :

Mr. Md. Nazir Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

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 147, 341, 323, 325, 307, 337, 379, 504 and 506 of the I.P.C.

The prosecution story, in brief, is that the petitioner

Patna High Court CR. MISC. No.34627 of 2020(2) dt.23-12-2020 2/3 alongwith co-accused assaulted the informant, his brothers and wife by means of Lathi and bricks due to dispute with regard to Rasta and caused head injury to the wife and brothers of the informant, namely, Bhagmati Devi, Chhathu Yadav and Sheonath Yadav. They also snatched gold Chain of the wife of the informant. On hulla, villagers came and brought them to P.H.C. Nautan from where the wife and brothers of the informant referred to Bettiah for better treatment. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 18.08.2020. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is case and counter case between the parties. For a petty reason, free fight is alleged to have taken place between the parties. Injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands.

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 facts and circumstances of the case, the petitioner above named, is directed to be released on bail on

Patna High Court CR. MISC. No.34627 of 2020(2) dt.23-12-2020 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Nautan P.S. Case No. 163 of 2020. (Sudhir Singh, J) U.K./- U T