Yogesh Kumar Pandey @ Yogesh Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37401 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- SISWAN District- Siwan ====================================================== Yogesh Kumar Pandey @ Yogesh Pandey S/o Late Kapil Deo Pandey, Resident of village- Ghurghat, PS- Siswan, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhakar Singh, Advocate Mr. Pranav Bhaskar, Advocate Mr. Birottam Narayan Singh, Advocate Ms. Ritika Kumari, Advocate For the State :
Mr. Yogendra Kumar, Advocate For O.P. No. 2 :
Mr. Ajay Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Siswan P.S. Case No. 376 of 2024 dated 15.11.2024 instituted for the offence punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) of Bhartiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he assaulted the informant several times with a sharp knife due to which the informant sustained seven injuries and also snatched Rs. 1,63,000/- from the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this
Patna High Court CR. MISC. No.37401 of 2025(2) dt.18-06-2025 2/3 case. Learned counsel for the petitioner submits that the petitioner lodged an F.I.R bearing Siswan P.S. Case No. 375 of 2024 dated 15.11.2024 against the informant and his family members for the same occurrence earlier to the present case, in which the petitioner was brutally assaulted by them and thereafter he was referred to Sadar Hospital, Siwan. Learned counsel for the petitoiner further submits that in the injury report of the informant, doctor opined that six injuries were simple in nature and only one injury was found to be grievous in nature, which is 'lacerated wound over left great toe of size 2 Inch x 2 Inch. This case has been filed by the informant only to save his skin from the counter case. Lastly, it has been submitted that the petitioner is in custody since 27.03.2025 having no criminal antecedents. Charge-sheet has been submitted in the case.
5. On the other hand, learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer for bail of the petitioner. Learned counsel for the informant submits that there is repeated attempt of assault due to which the informant sustained several injuries. He further submits that the petitioner is not entitled to bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let
Patna High Court CR. MISC. No.37401 of 2025(2) dt.18-06-2025 3/3 the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate V, Siwan in connection with Siswan P.S. Case No. 376 of 2024.
(Khatim Reza, J) premchand/- U T