Prabhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72825 of 2023 Arising Out of PS. Case No.-39 Year-2018 Thana- DHANKUND District- Banka ====================================================== PRABHASH YADAV Son of Sri. Harideo Yadav @ Sri. Hardev Yadav Resident of village - Miyagariya, Police Station - Dhankund, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Dhankund P.S. Case No. 39/2018, dated 02.04.2018, instituted under Sections 341, 323, 307, 504 of the Indian Penal Code in which charge-sheet has been submitted under sections 341, 323, 308, 504 of the Indian Penal Code.

3. The allegation against the petitioner is that on account of some family dispute he assaulted the informant Diwakar Yadav by means of Khanti causing bleeding injury on his head as well as left leg.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted after completing the investigation the

Patna High Court CR. MISC. No.72825 of 2023(2) dt.09-11-2023 2/2 Investigation Officer has submitted charge-sheet under Sections 341, 323, 308 and 504 of the Indian Penal Code and accordingly the Magistrate has taken cognizance under the same sections. It is submitted that the informant and petitioner are the full brother. Petitioner has no criminal antecedent. In the impugned order, the learned court below has discussed about the injury sustained by the informant which is skin deep injury over his head.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka/Court concerned, in connection with Dhankund P.S. Case No. 39/2018, subject to the conditions laid down in Section 438(2) of the C.r.P.C.

7. The application stands allowed.

(Khatim Reza, J) Ranjeet/- U T