Kaila Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64109 of 2023 Arising Out of PS. Case No.-188 Year-2022 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Kaila Yadav S/O Late Chhattu Yadav R/O Mohalla- Shyamlal Das Lane, Ishakchak, P.S- Ishakchak, Distt.- Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashutosh Kumar For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Ishakchak P.S. Case No. 188/2022 registered for the offences punishable under Sections 341/323/307/385/379/338/34 of the Indian Penal Code.
3. As per prosecution case, petitioner is said to have assaulted the informant by means of rod. It is further alleged that other co-accused also assaulted the informant by means of rod on the stomach and other parts of the body.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case due to dirty village politics. The petitioner is languishing in custody
Patna High Court CR. MISC. No.64109 of 2023(4) dt.18-01-2024 2/3 since 22.12.2022 and bears criminal antecedent of three cases. He further submits that only allegation against the petitioner is said to have assaulted the informant by means of rod and there are several co-accused who are said to have assaulted on the head and other parts of the body. The learned counsel for the petitioner orally submits that all the injuries are simple in nature and charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named 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 learned Judicial Magistrate-1st class, Bhagalpur in connection with Ishakchak P.S. Case No. 188/2022, subject to following conditions:- (i) One of the bailors shall be either father or mother
Patna High Court CR. MISC. No.64109 of 2023(4) dt.18-01-2024 3/3 or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T