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Patna High CourtCR. MISC./40879/2025allowed

Ashok Yadav v. The State Of Bihar

2025-08-20Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40879 of 2025 Arising Out of PS. Case No.-171 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Ashok Yadav Son of Bhola Yadav Resident of Village- Patsanda, P.S.- Gidhaur District -Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prashant Kashyap, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 324, 325, 504, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner assaulted with tangi on the head of the informant due to which he received head injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel for the petitioner has submitted that in this case, injury report has been submitted after three months and fro perusal of the injury report,

Patna High Court CR. MISC. No.40879 of 2025(3) dt.20-08-2025 2/3 it transpires that final report shows hair fracture in scull bone and the nature of injury is grievous. He has further submitted that there is only a single blow and from perusal of the diary also, it transpires that first injury report of the informant is not available rather only supplementary injury report is available. Without the first injury report, it cannot be ascertained as to which kind of injury was inflicted and whether the weapon which is alleged to be used, the injury correlates to it or not. In any view of the matter, there is only a single blow and one hair line fracture is there in skull bone. Moreover, the petitioner is languishing in judicial custody since 19.03.2025.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of regular bail. Learned counsel for the informant has submitted that petitioner is having one criminal antecedent of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Laxmipur (Gidhaur) P.S. Case No. 171 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the

Patna High Court CR. MISC. No.40879 of 2025(3) dt.20-08-2025 3/3 like amount each to the satisfaction of learned J.M. 1st Class, Jamui.

(Ashok Kumar Pandey, J) Shubham/- U T