Santosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57314 of 2024 Arising Out of PS. Case No.-164 Year-2024 Thana- KATEYA District- Gopalganj ====================================================== Santosh Yadav S/o Lalan Yadav R/o vill - Padriya, P.S. - Kateya, Distt. - Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Lokesh Kumar Singh For the Opposite Party :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kateya P.S. Case No. 164/2024 dated 04.05.2024 registered for the offence punishable u/s 147, 149, 341, 323, 307, 324, 354, 504 and 506 of the Indian Penal Code and 3 / 4 of the Diaan Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have entered the house of informant and started abusing her by calling her diaan. On being objected by the informant's son Chandan Yadav, the petitioner assaulted him on the head with farsa,

Patna High Court CR. MISC. No.57314 of 2024(2) dt.21-08-2024 2/3 causing injury. Thereafter, the co-accused Rajan Yadav assaulted on the head of the informant's second son Dhiraj with an iron rod, causing head injury.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a case and counter case between both the parties. Learned counsel has submitted that both the parties sustained injuries. It is further submitted that the injury of Chandan Yadav is simple in nature caused by hard and blunt substance and the injury of Dhiraj is said to be grievous in nature. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the injury no. 1 of Dhiraj Yadav is grievous in nature caused by hard and blunt substance.

6.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty

Patna High Court CR. MISC. No.57314 of 2024(2) dt.21-08-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Kateya P.S. Case No. 164/2024.

7. The application stands allowed.

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