Patna High CourtCR. MISC./62306/2024bail granted

Chandan Yadav v. The State Of Bihar

2024-11-19Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62306 of 2024 Arising Out of PS. Case No.-275 Year-2023 Thana- PANCHRUKHI District- Siwan ====================================================== Chandan Yadav son of Sri Ram Awadh Yadav @ Avadh Chaudhari vill -Pratappur ps -Hussainganj Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Shrivastava, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in para-9 with regard to date of custody during course of day.

3. The petitioner seeks bail in Pachrukhi P.S. Case No. 275 of 2023, instituted for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.

4. The prosecution case, in short, is that, the petitioner assaulted the informant by means of sword due to which he sustained injuries.

Patna High Court CR. MISC. No.62306 of 2024(3) dt.19-11-2024 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the present case is in retaliation to the earlier case lodged by the petitioner's side viz. Siwan (Town) P.S. Case No. 155 of 2022, in which the informant along with others have assaulted the petitioner with a view to kill him. The petitioner is in custody since 30.03.2024 and has got one criminal antecedent in which he is on bail.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pachrukhi P.S. Case No. 275 of 2023, subject to the following conditions:

Patna High Court CR. MISC. No.62306 of 2024(3) dt.19-11-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T