Pravesh Yadav @ Pravesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51144 of 2021 Arising Out of PS. Case No.-53 Year-2021 Thana- HISUWA District- Nawada ====================================================== PRAVESH YADAV @ PRAVESH KUMAR, S/O KULDEEP YADAV R/o village- Dhanwa, P.S.- Hisua, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Harendra Prasad, APP For the informant :

Mr. Yogesh Chandra Verma, Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Hisua P.S. Case No. 53 of 2021, instituted for the offences under Sections 341, 323, 324, 307, 337, 338, 354, 379, 504, 506 and 302 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 17.04.2021, charge-sheet has been submitted and antecedent of one case as mentioned in para-3 of the bail application.

The learned counsel for the petitioner further submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that petitioner

Patna High Court CR. MISC. No.51144 of 2021(2) dt.03-02-2022 2/3 assaulted Ankit (grand son of the informant) by Garsa on his head causing injury, further Kuldeep Yadav assaulted Kuleshwar Yadav by Khanti causing injury on his head, Ramesh Yadav assaulted Subodh (son of informant) by sword causing injury on his head and his tooth also broke, further, Awdhesh Yadav assaulted with sword causing injury on his head and suffered fracture and also snatched gold chain of Soni Devi while other women accused assaulted by lathi, danda. It is next alleged that the reason for the occurrence was that the accused persons wanted the informant to get the work of Nal Jal Yojna done according to their wishes.

The learned counsel for the petitioner submits that though in the F.I.R. the informant specifically alleges about the role of the accused in assaulting different persons, who got injured but as far as this petitioner is concerned, he is alleged to have assaulted Ankit (grand son of informant) by Garasa on his head.

Learned counsel drawing attention to the Court to the injury report of the Ankit and submits that the injury caused on the head is simple in nature.

The learned senior counsel, Mr. Yogesh Chandra Verma, for the informant and the learned APP opposes the bail

Patna High Court CR. MISC. No.51144 of 2021(2) dt.03-02-2022 3/3 application and learned senior counsel does not dispute the submission made by learned counsel for the petitioner that the injuries are simple in nature on Ankit but vehemently opposes the bail application on the ground that all the accused persons assaulted the side of the informant and the informant has specifically named the accused alleging specific role of assault. Considering the fact that petitioner is in custody since 17.04.2021, charge-sheet has been submitted in this case and has antecedent of one case as mentioned in para-3 of the bail application and the injury on the injured is simple in nature, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada, in connection with Hisua P.S. Case No. 53 of 2021.

The application stands allowed.

(Satyavrat Verma, J) sanjeev/- U T