Patna High CourtCR. MISC./64778/2019bail granted

Bhajan Yadav v. The State Of Bihar

2019-10-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64778 of 2019 Arising Out of PS. Case No.-513 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== BHAJAN YADAV, aged about 25 years, Male, Son of Sanjay Yadav, Resident of Village - Naya Tola Bariyarpur, P.S.- Bakhtiyarpur, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manoj Kumar, Advocate.

For the Opposite Party :

Mrs.Anita Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 323, 341, 307, 385, 365, 427, 354/34 of the IPC, 12 of POCSO Act and 27 of the Arms Act. The prosecution story, in brief, is that the petitioner and co-accused Guddu Kumar demanded ransom from the driver of the informant and on protest, several accused persons entered inside the house of the informant and broke open the door and assaulted the daughter of the informant and also damaged her Scorpio and Car by Iron rod and they fled away from the spot.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.64778 of 2019(2) dt.17-10-2019 2/2 12.07.2019. Charge sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. There is no injury report on record. Hence, no offence under Section 307 of the IPC is made out. Both parties are agnates. Due to petty reason, the alleged occurrence has taken place.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-1-cum-Special Judge, POCSO Act, Patna, in connection with Special (POCSO) Case No. 209 (A) of Bakhtiyarpur P.S. Case No. 513 of 2018.

(Sudhir Singh, J) U.K./- U T