Shalya Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34706 of 2020 Arising Out of PS. Case No.-405 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== SHALYA KUMAR YADAV Son of Jamun Prasad Yadav Resident of Village - Aourahi Purab, Ward No. 2, P.S.- Simraha, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr. Nityanand, APP For the informant : Mr. Mukesh Kumar Rana, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 147, 149, 341, 447, 448, 323, 324, 325, 307, 379, 354(B), 504 & 506 of the Indian Penal Code.

Prosecution case in short is while the informant along with his family was taking meal in his house, all the accused persons entered his house and assaulted him with different weapons as a result of which, he received injuries.

It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.34706 of 2020(2) dt.19-01-2021 2/2 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 30-05-2020. Charge sheet/Prosecution report in this case has already been submitted. Free fight is alleged to have taken place between the parties due to property dispute. The petitioner had no intention to commit murder of the victim. At best, it is a case under Section 325 of the Indian Penal Code.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, 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 Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No. 405 of 2020.

(Sudhir Singh, J) A.K.V.//- U T