Bholu Yadav @ Amit Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57056 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- Kadirganj P.S. District- Nawada ====================================================== BHOLU YADAV @ AMIT RAJ SON OF RAMNANDAN YADAV @ RAMANAND YADAV R/V- VILLAGE- DEVANPURA, P.S.- KADIRGANJ, DISTT.- NAWADA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan For the Opposite Party/s :
Mr. Syed Ehteshamuddin ====================================================== 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 Kadirganj P.S. Case No. 54 of 2024 dated 29.03.2023 registered for the offences punishable u/ss 341, 342, 323, 324, 325, 326, 307, 384 read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have stopped the informant's motorcycle and assaulted the informant with the butt of the pistol due to that he became unconscious. When the informant's brother came to rescue, the petitioner Bholu Yadav also assaulted on his head with the butt of the pistol which hit his
Patna High Court CR. MISC. No.57056 of 2024(2) dt.21-08-2024 2/3 mouth due to that his seven teeth got broken and blood started oozing out, thereafter the other co-accused, namely, Nitish Kumar and Raju Rajbansi also assaulted him with iron rod with intention to kill causing injuries to him.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no repetition of blow although the injuries are grievous in nature. The petitioner had no intention to cause death of the informant's brother. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 13.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada in connection with Kadirganj P.S. Case No. 54 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,
Patna High Court CR. MISC. No.57056 of 2024(2) dt.21-08-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T