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Patna High CourtCR. MISC./69079/2023bail granted

Munna Yadav @ Munna Kumar v. The State Of Bihar

2023-10-19Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69079 of 2023 Arising Out of PS. Case No.-115 Year-2022 Thana- AKHODHIGOLA District- Rohtas ====================================================== MUNNA YADAV @ MUNNA KUMAR son of Shri Ramjee Yadav VillageAkorhi Ps- Akorhigola Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-10-2023 Heard Mr. Avanish Kumar Singh, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.

2. The petitioner is in judicial custody in connection with Akorhigola P.S. Case No. 115 of 2022 for the offence punishable under Sections 147, 149, 323, 324, 325, 307, 504, 506 of the Indian Penal Code lodged on 21.8.2022 by the informant, Ravi Shekhar Singh.

3. As per the prosecution story, the allegation is that a host of accused persons assaulted the informant's side and in the process, the allegation against this petitioner and one Ramvachan Yadav is of assaulting the informant's father which resulted into fracture in his hand. There is other allegation against the accused persons. Accordingly, the FIR.

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4. It is the case of the petitioner that in the village due to small issue, there was scuffle which resulted into case and counter case and there are injuries on the accused side also. It is further the case of the petitioner that some similarly placed accused persons including Ramvachan Yadav against whom the allegation is of causing fracture in the hand of the informant's father along with this petitioner, has since been granted bail in Cr. Misc. No. 59968 of 2023 and analogues cases by a coordinate bench of this Court on 8.9.2023.

5. The last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to contribute Rs. 10,000/- through Demand Draft issued by the local State Bank of India branch to be submitted before the 'NAZARAT' of the concerned Court to be handed over to the informant after checking the credential.

6. Learned APP opposes the prayer submitting that the petitioner was one of them who caused injury to the informant's father.

7. Taking into account the aforesaid submission put forward by the parties as also the fact that there is case and counter case, the petitioner has clean antecedent and similarly placed similar placed co-accused Ramvachan Yadav has since

3/4 been granted bail, as stated above, this Court is inclined to extend him the privilege of bail subject to payment of Rs. 10,000/- as undertaken by the learned counsel for the petitioner(s) to be paid by Demand Draft of local SBI to be submitted to the trial Court and handed over to the informant after checking credentials.

8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate,-1st Class, Dehri, Rohtas, Bihar, in connection with Akorhigola P.S. Case No. 115 of 2022 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

4/4 (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.

9. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T