Mantu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52155 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- JAMALPUR District- Munger ====================================================== MANTU YADAV SON OF PARMANAND YADAV RESIDENT OF VILLAGE - CHOTI GOBINDPUR, PHULKA, P.S. - JAMALPUR, DISTRICT - MUNGER ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar Kashyap, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is in judicial custody in connection with Jamalpur P.S. Case No. 58 of 2023 registered under Sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code lodged on 21.03.2023 by the informant, Sahil Kumar. As per the prosecution story, the allegation is that the informant had gone to the house of the petitioner to meet his daughter at 12:00 A.M. As the petitioner saw him infuriated, he was assaulted by the family members causing head injury. Thereafter, he was brought to the hospital for treatment. It is the case of the petitioner that he entered in the midnight in his daughter's room and as he saw them, in a hurry
Patna High Court CR. MISC. No.52155 of 2023(2) dt.19-08-2023 2/3 the informant tried to jump the wall, sustained injuries and the same has been attributed to the petitioner/family members. Learned APP for the State opposes the prayer for bail stating that there is injury on the part of the informant. Taking into account the aforesaid submission put forward by the learned counsel for the petitioner, he is in custody since 21.03.2023 (as stated in paragraph-11 of the petition) and he will be facing the trial, this Court is inclined to grant him privilege of bail.
Let the petitioner be released on bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 58 of 2023, subject to the following conditions: (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.52155 of 2023(2) dt.19-08-2023 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T