Dhuri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55151 of 2022 Arising Out of PS. Case No.-120 Year-2022 Thana- KASHICHAK District- Nawada ====================================================== Dhuri Yadav, aged about 29 years, Male, S/o Yadunandan Yadav R/o VillageLila Bigha, P.S.- Kashichak, Distt- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Adv.

For the Informant :

Mr. Ganesh Prasad Singh, Adv.

For the State :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State. The petitioner seeks bail in connection with Kashichak P.S. Case No. 120/2022 registered for the offence punishable under Section 341, 323, 504, 506, 354, 307, 379, 34 of the Indian Penal Code (for brevity 'IPC') and 27 of the Arms Act. There is an allegation that the informant's son while learning to drive bicycle has damaged the irrigation pipe of the accused persons. In this background, it is alleged that next day in the morning, all of them has assaulted the informant's side by various means.

Learned counsel for the petitioner submits that there is no specific allegation against the petitioner. Similarly situated coaccused, namely, Vinod Yadad has been allowed bail in Cr. Misc. No. 49640/2022. The petitioner having no antecedents is in custody since 19.05.2022.

Learned APP for the State and learned counsel for the

Patna High Court CR. MISC. No.55151 of 2022(2) dt.10-01-2023 2/2 informant have opposed the prayer for bail. However, they cannot deny the fact of grant of bail to co-accused Vinod Yadav. Considering the rival submissions, period of custody, clean antecedent and the fact that investigation is complete, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner 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 A.C.J.M. Ist Nawada, in connection with Kashichak P.S. Case No. 120/2022, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) rajkishore/- U T