Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4687 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== RAJESH YADAV S/o Hare Ram Yadav R/o Village- Laxminiya, P.S.- K. Asthan, Distt- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Prasad Yadav For the State :

Mr.Narsingh Tanti, APP For the informant Dr. Abdus Shakoor ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323, 324, 325, 308, 427, 504 and 34 of the Indian Penal Code registered in connection with Kusheshwar Asthan P.S.Case No. 260 of 2022.

As per allegation, 12 accused persons named in the FIR assaulted the informant and his family members. The specific allegation against the petitioner is that he assaulted the informant on his head with iron rod and made him injured. The learned counsel for the petitioner has submitted that prior to lodging of this case, one of the accused Jaimala Devi had lodged a case against the informant and other accused persons of this case. The petitioner is in custody since August, 2022.

Patna High Court CR. MISC. No.4687 of 2023(3) dt.28-04-2023 2/2 On the other hand learned APP has opposed the prayer for bail.

Considering the above facts and circumstances, especially the period of custody, 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 SDJM, Biraul Darbhanga in connection with Kusheshwar Asthan P.S.Case No. 260 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make available available as and when required by the court.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below fo cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T