Nand Kishore Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46883 of 2024 Arising Out of PS. Case No.-54 Year-2022 Thana- TANKUPPA District- Gaya ====================================================== Nand Kishore Yadav S/o Late Rameshwar Yadav R/o vill - Bhagatchak, P.S. - Tankuppa, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vardaan Mangalam, Adv.
For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Tankuppa P.S. Case No. 54 of 2022 dated 22.05.2022 registered for the offences punishable under Sections 147, 149, 341, 342, 323, 324, 325, 307, 354, 379, 504 and 506 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is in custody since 07.05.2024.
4 Learned counsel appearing on behalf of the petitioner submits that petitioner had earlier moved this Court seeking anticipatory bail by filing Cr. Misc. No. 28728 of 2023 but the same was permitted to be withdrawn by an order dated
Patna High Court CR. MISC. No.46883 of 2024(2) dt.05-10-2024 2/3 25.07.2023. It is next submitted that on perusal of the allegation as alleged in the FIR it would manifest that petitioner is alleged to have assaulted the informant by an iron rod causing fracture of his leg, while Mukesh is alleged to have assaulted the informant by an iron rod causing injury on head, thereafter Sudhanshu, Jay Kishore, Rakesh, Akhilesh, Vishnu, Vipin, Guddu and Sunil assaulted by gadasa, lathi and iron rod causing severance of his right hand's thumb and also caused injury on leg, further Mukesh and Guddu assaulted his wife by lathi and iron rod causing injury on her head and Akhilesh threatened with pistol.
5. Learned counsel for the petitioner submitted that on account of dispute relating to land, the said occurrence is alleged to have taken place. It is next submitted that Mukesh Yadav has been granted the privilege of regular bail by an order dated 13.07.2023 in Cr. Misc. No. 22232 of 2023 passed by learned Co-ordinate Bench. It is further submitted that petitioner though is alleged to have assaulted the informant by an iron rod causing fracture of leg, but then the same was not on the vital part of the body and Mukesh is alleged to have assaulted the informant on head by iron ron causing injury on head has been granted the privilege of regular bail.
Patna High Court CR. MISC. No.46883 of 2024(2) dt.05-10-2024 3/3
6. Learned A.P.P. for the State vehemently oppose the prayer for regular bail of the petitioner.
7. Considering the submissions, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Tankuppa P.S. Case No. 54 of 2022.
(Satyavrat Verma, J) annpurna/- U T