Dhananjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68164 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- TARAPUR District- Munger ====================================================== Dhananjay Yadav S/O Late Ganga Yadav @ Ganga Prasad Yadav R/O Village- Khudiya, P.S. Tarapur, Dist.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 324, 307, 504, 323 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that petitioner assaulted her son by Khanti on head causing injury.

4.

Learned counsel for the petitioner submits that the date of occurrence is 9-12-2023 and the FIR came to be instituted on 19-12-2023, i.e., after a delay of ten days without any plausible explanation. It is next submitted that had the occurrence of the nature as alleged taken place and the injured would have been admitted in the hospital, in that event, the hospital would have informed the police and fardbayan of the informant or the

Patna High Court CR. MISC. No.68164 of 2024(2) dt.13-12-2024 2/2 injured would have been recorded at the hospital, but then that was not done, which casts an aspersion on the case of the prosecution. It is also submitted that petitioner is in custody since 21-6-2024 and charge-sheet has been submitted, as such, no useful purpose would be served by keeping the petitioner in jail. 5.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

6.

Considering the submission made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Tarapur P.S. Case No. 240 of 2023.

7.

However, it is made clear that if the learned trial court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned trial court shall be liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) SUMIT/- U T