Patna High CourtCR. MISC./59078/2022allowed

Jitendra Yadav v. The State Of Bihar

2023-02-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59078 of 2022 Arising Out of PS. Case No.-251 Year-2020 Thana- ATRI District- Gaya ====================================================== Jitendra Yadav Son Of Chandrika Yadav R/O Village- Piar, P.S.- Atri, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 427, 504, 506 of the Indian Penal Code.

The allegation against the petitioner is that he along with other co-accused persons have formed an unlawful assembly and in prosecution of the common object of the said unlawful assembly the petitioner has struck the cousin of the informant with a khanti and caused injuries on his cheek.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.59078 of 2022(2) dt.04-02-2023 2/2 petitioner that petitioner is innocent and he has falsely been implicated in this case. There is counter version of the occurrence also and petitioner's side also received injuries. There is no accusation of repeating the blow. The injury has been found to be simple in nature. The petitioner is languishing in custody since 06.07.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, XIII, Gaya in connection with Atri P.S. Case No. 251 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T