Patna High CourtCR. MISC./72653/2023bail granted

Mithlesh Yadav v. The State Of Bihar

2024-02-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72653 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== 1.

Mithlesh Yadav Son of Chalitar Yadav Resident of Village Verma (Barma) PS Fatehpur District Gaya 2.

Rupesh Kumar @ Rupesh Yadav Son of Chalitar Yadav Resident of Village Verma (Barma) PS Fatehpur District Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Rita Verma, A.P.P.

For the Informant :

Mr. Manish Kumar No. 2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners, informant and Ms. Rita Verma, learned A.P.P. for the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 147, 341, 323, 504, 506, 307 of the Indian Penal Code.

3. As per the prosecution case, both these petitioners are alleged to have assaulted on the head of the informant by means of iron rod and khanti due to which he sustained injury.

4. Learned counsel for the petitioners submits that though there is allegation that both the petitioners have assaulted the informant but doctor has found only one injury that itself falsifies the entire prosecution case. Case and counter

Patna High Court CR. MISC. No.72653 of 2023(3) dt.29-02-2024 2/2 case.

5. Learned counsel for the informant vehemently opposes the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Fatehpur P. S. Case No. 341 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T