Umesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37142 of 2020 Arising Out of PS. Case No.-21 Year-2019 Thana- BIKRAM District- Patna ====================================================== UMESH YADAV, Male, aged about 45 years, Son of Narayan Yadav, Resident of Village-Benibigha, P.S.- Bikram, District - Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Patanjali Rishi, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-02-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

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 448, 341, 307, 504, 506 and 379/34 of the I.P.C.

The prosecution story, in brief, is that on 16.01.2019, the petitioner alongwith other co-accused went at the house of the informant and the petitioner assaulted to one Ashok Yadav on his head, by Iron rod, who got grievous injury as per the

Patna High Court CR. MISC. No.37142 of 2020(2) dt.05-02-2021 2/3 injury report. Other co-accused persons assaulted to other persons causing injury to them. The petitioner also snatched the gold chain of the daughter-in-law of the informant and other coaccused took away other valuables. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 19.05.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Due to petty reason, the alleged occurrence is said to have taken place. A single Iron blow is said to have been given by the petitioner upon the victim.

The petitioner had no intention to commit an offence under Section 307 of the I.P.C. The petitioner has remained in custody approximately for a period of nine months. 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 aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.37142 of 2020(2) dt.05-02-2021 3/3 VI, Danapur, Patna, in connection with Bikram P.S. Case No. 21 of 2019.

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