Lakhani Yadav @ Ram Lakhan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53267 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Hathiyav District- Sheikhpura ====================================================== Lakhani Yadav @ Ram Lakhan Yadav S/O Late Doman Yadav R/O VillageSarika, P.S- Hathiyawa, Distt.- Sheikhpura. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP For the Informant :

Mr. Syed Rizwanullah Haque, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-08-2024 Learned counsel for the petitioner seeks for and is permitted to make necessary correction in paragraph three of the bail petition in the course of day.

2. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Hathiyawan P.S. Case No. 02 of 2024 dated 27.02.2024 registered for the offences punishable u/s 147, 148, 149, 341, 323, 337, 307, 504 and 506 of the Indian Penal Code.

4. As per the prosecution case, on 26.02.2024 the informant's uncle, namely, Prem Yadav was returning to home from Kashi Temple. In the meantime, the petitioner and the co-

Patna High Court CR. MISC. No.53267 of 2024(2) dt.22-08-2024 2/3 accused person came in intoxicated condition and surrounded Prem Yadav and started assaulting him with brick on his head due to which he sustained head injury. Further, the accused persons also assaulted the informant and his other family members and threatened to kill.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The injury which is sustained by the informant's uncle is simple in nature. There is no specific allegation levelled against the petitioner. The petitioner has twelve criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 21.03.2024.

6. Learned A.P.P. for the State and learned counsel for the informant has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sheikhpura in connection with Hathiyawan P.S. Case

Patna High Court CR. MISC. No.53267 of 2024(2) dt.22-08-2024 3/3 No. 02 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.

8. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T