Roushan Yadav @ Roushan Kumar @ Sandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55998 of 2022 Arising Out of PS. Case No.-695 Year-2021 Thana- SHERGHATI District- Gaya ====================================================== Roushan Yadav @ Roushan Kumar @ Sandeep Kumar, Son of Late Arjun Yadav, Resident of Village- Sherpur, P.S.- Sherghati, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-12-2022 Today being Friday, matters are being taken up through virtual mode as per current procedure for hearing. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sherghati P.S. Case No.695 of 2021 registered for the offence punishable under Sections 341, 323, 324, 325, 147, 149, 307, 504 and 506 of the Indian Penal Code.

While the informant was canvassing for his wife's election, the canvassing party has been assaulted by the accused persons, including the petitioner.

Specific allegation against the petitioner is of assault on the head of Baiju Yadav by means of 'Lathi'. Learned counsel for the petitioner submits that injury

Patna High Court CR. MISC. No.55998 of 2022(2) dt.16-12-2022 2/3 report of Baiju Yadav (Annexure 3) records that there is no visible injury.

Learned State Counsel submits that from the opinion column of the injury report, it is obvious that the injury has been found to be caused by hard and blunt substance. Be that as it may, since the petitioner has now remained in custody since 28.06.2022 and it is averred in paragraph 3 of the petition that he is on bail in Sherghati P.S. Case No.220 of 2020 and as per prosecution case, the parties were on hostile terms due to the electoral canvassing, which gave rise to the instant case and a counter case also against the prosecution party of the instant case, 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 learned Additional Chief Judicial Magistrate, Sherghati at Gaya, in connection with Sherghati P.S. Case No.695 of 2021, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will

Patna High Court CR. MISC. No.55998 of 2022(2) dt.16-12-2022 3/3 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) PNM U T