Patna High CourtCR. MISC./75374/2023dismissed

Nagendra Yadav @ Nago Yadav v. The State Of Bihar

2024-01-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75374 of 2023 Arising Out of PS. Case No.-249 Year-2022 Thana- SIKANDRA District- Jamui ====================================================== Nagendra Yadav @ Nago Yadav Son Of Jineshwar Yadav R/O VillageSundarbad, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha, Advocate For the State :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Sikandra P.S. Case No. 249 of 2022 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354(A)(B), 504, 506 and 302 of the Indian Penal Code.

3. As per the prosecution case, the accused persons raided the house of the informant and assaulted the informant and other family members.

4. There is specific allegation against the petitioner Nagendra Yadav of assaulting the deceased Rina Devi by farsa. The petitioner is in custody since 30.04.2023.

5. Learned counsel for the petitioner has submitted that the informant in his further statement has not said that the

Patna High Court CR. MISC. No.75374 of 2023(3) dt.10-01-2024 2/2 deceased was assaulted by the petitioner. She has also submitted the one co-accused Nagendra Yadav has been granted bail.

6. Learned APP for the State submits that there is direct allegation of assaulting the deceased against the petitioner and the trial has started.

7. Considering the above submissions and taking into consideration the fact that the petitioner is the assailant of the deceased, as per the F.I.R., I am not inclined to grant bail to the petitioner.

8. Accordingly, this application stands dismissed.

9. The Court below is directed to expedite the trial. (Sandeep Kumar, J) P. Kumar U T