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Patna High CourtCR. MISC./57971/2024allowed

Surendra Yadav v. The State Of Bihar

2024-08-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57971 of 2024 Arising Out of PS. Case No.-55 Year-2022 Thana- KUMAR KHAND District- Madhepura ====================================================== Surendra Yadav Son of Late Thakur Yadav @ Late Thakuri Yadav Resident of Village - Jamuaha, Ward No.- 04, Police Station - Kumarkhand, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Kumari Rashmi For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 148, 341, 323, 307, 354A, 34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner and other co-accused persons is that they assaulted the informant and his mother on the head due to which they sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that there is allegation of tampering with the prosecution witnesses by the petitioner. He submits that similarly situated co-accused has already been granted bail by

Patna High Court CR. MISC. No.57971 of 2024(2) dt.14-08-2024 2/2 this Court vide order dated 09.08.2024 passed in Cr. Misc. No. 54121 of 2024. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 21.05.2024.

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

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kumarkhand P.S. Case No. 55 of 2022.

(Anjani Kumar Sharan, J) devendra/- U T