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Patna High CourtCR. MISC./63642/2024bail granted

Kanhaiya Yadav v. The State Of Bihar

2024-09-24Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63642 of 2024 Arising Out of PS. Case No.-18 Year-2024 Thana- Vishwavidalaya District- Bhagalpur ====================================================== 1.

Kanhaiya Yadav Son of Chandar Yadav Resident of Village- Parbatti, P.S.- University (V.V.), District- Bhagalpur 2.

Chhotu Yadav @ Gaurav Kumar Son of Chandar Yadav Resident of VillageParbatti, P.S.- University (V.V.), District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with University P.S. Case No. 18 of 2024 registered under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, these petitioners along with other named accused persons and 6-7 unknown persons assaulted informant by means of iron rod, lathi and broom, on account of which informant sustained injuries. It is further alleged that the accused persons also snatched cash and some jewellery.

Patna High Court CR. MISC. No.63642 of 2024(2) dt.24-09-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Further submission is that specific allegation of assault is against co-accused Dhananjay Yadav. Allegations against these petitioners are general and omnibus. Informant sustained 5 injuries in which injury nos. 2, 3, 4 and 5 are simple in nature; so far as injury no. 1 is concerned, the opinion is reserved till report. Similarly situated co-accused Narendra Yadav @ Paltu Yadav @ Narendra Kumar has already been granted bail by this Court vide order dated 10.09.2024 passed in Cr. Misc. No. 56702 of 2024.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case and similarly situated co-accused Narendra Yadav @ Paltu Yadav @ Narendra Kumar has already been granted bail , let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with University P.S. Case

Patna High Court CR. MISC. No.63642 of 2024(2) dt.24-09-2024 3/3 No. 18 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T