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Patna High CourtCR. MISC./40116/2024bail granted

Vikash Yadav @ Vikas Kumar v. The State Of Bihar

2024-06-04Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40116 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- TILAUTHU District- Rohtas ====================================================== Vikash Yadav @ Vikas Kumar Son of Sri Binod Yadav Resident of VillageMaharajganj, P.S- Tilauthu, District- Rohtas , Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saroj Kumar, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-06-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Tilauthu P.S. Case no.308 of 2023 registered under sections 307, 147, 149, 341, 323, 379, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the seven named accused persons including the petitioner herein came variously armed and as a result of land dispute between the parties, it is stated that the accused started to abuse the informant and the members of his family. On the informant protesting, it is stated that the petitioner and Vinod Yadav struck the informant with a lathi on his head while the co-accused Pramod Yadav struck the informant's mother on the head with a tangi.

Patna High Court CR. MISC. No.40116 of 2024(2) dt.04-06-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case because of land dispute between the parties as evident from the contents of the FIR itself. So far as the injury on the informant is concerned, the same has been found to be simple in nature which would be evident from the order of the learned trial Court. The allegation of assault on the mother of the informant is not on this petitioner. The petitioner is in custody since 22.2.2024 and has no criminal antecedent. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the allegation of assault on the petitioner being on the informant and the consequential injury having been found to be simple in nature together with the petitioner having remained in custody since 22.2.2024 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Tilauthu P.S. Case no.308 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.40116 of 2024(2) dt.04-06-2024 3/3 Additional Sessions Judge- XIX, Rohtas at Sasaram. (Partha Sarthy, J) Shiv/- U T