Indar Yadav @ Indu Yadav @ Indal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41000 of 2022 Arising Out of PS. Case No.-286 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== Indar Yadav @ Indu Yadav @ Indal Yadav Son Of Late Chamari Yadav Resident Of Village - Khedanbigha, P.S.- Islampur, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

Petitioner seeks regular bail in connection with Islampur P.S. Case No. 286 of 2021 registered for the offences punishable under Sections 341, 323, 504, 447, 307, 435, 379 and 34 of the Indian Penal Code.

As per the Prosecution, the informant and informant's daughter in-law were assaulted by this petitioner along with other co-accused persons. Further it is alleged that this petitioner attacked on Vikash Kumar by means of iron rod and the accused persons set the informant's hut on fire.

Patna High Court CR. MISC. No.41000 of 2022(2) dt.22-11-2022 2/3 The main submissions advanced by the learned counsel Mr. Anil Kumar Singh appearing for the petitioner are that the petitioner has clean antecedent and as per the FIR he was alleged to have assaulted the injured person Vikash Kumar whose injury report has been filed as Annexure - 2 and the doctor concerned opined all his injuries as simple in nature and the petitioner has been languishing in jail since 03.01.2022. and on behalf of petitioner's side Islampur P.S. Case No.300 of 2021 was lodged against the prosecution party and the present matter is counter-blast of said Islampur P.S. Case.

Learned APP Mr. Manoj Kumar appearing for the State has opposed the bail prayer.

Heard both the sides and perused the FIR and the order impugned. As per the FIR against the petitioner there is specific allegation of having assaulted the injured namely Vikash Kumar by means of iron rod and co-accused Ranjit Yadav is also carrying the same nature of allegation, the injury report of said Vikash Kumar filed as Annexure-2 goes to show that all the injuries found on the body of Vikash Kumar have been opined to be simple in nature by the doctor concerned and the petitioner has been languishing in jail since 03.01.2022. Considering these facts as well as petitioner's custody period

Patna High Court CR. MISC. No.41000 of 2022(2) dt.22-11-2022 3/3 and his clean antecedent, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner 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 the concerned Court in connection with Islampur P.S. Case No. 286 of 2021.

(Shailendra Singh, J.) murli/- U T