Chhotu Yadav @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55570 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- KONCH District- Gaya ====================================================== 1.

Chhotu Yadav @ Chhotu Kumar Son of Vijay Yadav @ Vijay Prasad Yadav R/O Vill.- Tulsi Bigha, P.s.- Aanti, Dist.- Gaya. At Present R/o Karma Masud, P.s.- Muffasil, Dist.- Gaya Now Police Station Rafiganj, Dist.- Aurangabad.

2.

Ramdhani Yadav Son of Chandeshwar Yadav Ram R/O Vill.- Bijahra, P.s.- Konch, Dist.- Gaya 3.

Shyam Kumar @ Shyamanuj Kumar Son of Satender Yadav Ram R/O Vil.- Tulsi Bigha, P.s.- Aanti, Dist.- Gaya. At Present R/O Vill.- Kanchanpur, P.s.- Aanti, Dist.- Gaya.

4.

Anil Kumar Son of Ram Sevak Yadav Ram R/O Vill.- Tulsi Bigha, P.s.- Aanti, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-09-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody in a case registered for the offence punishable under Sections 341, 307, 323, 504 and 34 of the Indian Penal Code.

3. As per allegation in the FIR, petitioners along with other co-accused persons assaulted the informant by means of iron rod and lathi due to land dispute.

4. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.55570 of 2024(2) dt.17-09-2024 2/2 petitioners have falsely been implicated in this case. He next submits that on perusal of the injury report, merely one simple injury on the head of the informant which is caused by hard and blunt substance and the conduct of the petitioners is relevant under Section 8 of the Evidence Act and petitioners have got clean antecedent as stated in para-3 of the petition and they are in judicial custody since 23.05.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the fact that petitioners have got no criminal antecedent and the injury found on the body of the informant is simple in nature and only one injury is found on the body of the informant, let the above named petitioners 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 learned Judicial Magistrate, Ist Class, Gaya/concerned Court in connection with Konch P.S. Case No.205 of 2024.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T