Patna High CourtCR. MISC./63395/2021bail granted

Modu Yadav v. The State Of Bihar

2022-04-07Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63395 of 2021 Arising Out of PS. Case No.-327 Year-2019 Thana- BIHAR District- Nalanda ====================================================== MODU YADAV Son of Sundar Gope Resident of Village - Kalyanpur, P.S.- Biharsharif, District - Nalanda ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Pankaj Kumar For the Opposite Party :

Mr.Amitesh Kumar, APP For the Informant :

Mr.Rajeev Kumar Sinha Mr. Sushant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Bihar P.S. Case No. 327 of 2019, registered for the offence punishable under Sections 447, 323, 325, 354, 307, 379, 34 of the Indian Penal Code.

The petitioner is in custody since 31.08.2021. Learned counsel appearing on behalf of the petitioner has relied on an order dated 06.03.2020 passed in Cr. Misc. No. 77678 of 2019, whereby similarly circumstanced coaccused Sajan Gope has been allowed regular bail. Learned counsel for the informant has opposed the prayer and has submitted that considering the serious nature of

Patna High Court CR. MISC. No.63395 of 2021(2) dt.07-04-2022 2/2 allegation and the injury having been found to be grievous, the petitioner does not deserve privilege of regular bail. He has, however, not been able to point out any distinguishable feature between the petitioner's case and the case of co-accused Sajan Gope, who has been allowed regular bail by this Court. It further appears that the main allegation of assault is against co-accused Modan Yadav.

Considering the aforesaid facts, particularly the fact that co-accused Sajan Gope has been allowed regular bail by this Court, this application is allowed.

Let the petitioner, above named, 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 the learned C.J.M., Nalanda, in Bihar P.S. Case No. 327 of 2019. (Chakradhari Sharan Singh, J) Pawan/- U T