Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75063 of 2023 Arising Out of PS. Case No.-288 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Krishna Yadav Son Of Late Banshi Yadav Res. Of Vill-Bharhara, P.S.- Rafiganj, Dist.-Arurangabad, Bihar 2.

Pawan Kumar Son Of Krishna Yadav Res. Of Vill-Bharhara, P.S.-Rafiganj, Dist.-Arurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Avocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Rafiganj P.S. case No. 288 of 2023 instituted for the offences under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

3. Prosecution story, in short, is that the co-accused persons including these petitioners armed with weapons

Patna High Court CR. MISC. No.75063 of 2023(2) dt.01-12-2023 2/3 assaulted the informant and her family members. It is further alleged that the petitioner no.2 gave lathi blow on the head of the informant.

4. It has been submitted on behalf of the petitioners that the petitioners are in custody since 19.09.2023 and have clean criminal antecedent. The petitioners have falsely been implicated in the present case. Learned counsel for the petitioners submits that general and omnibus allegation has been made against the petitioner no.1. He further submits that there is specific allegation of assault against the petitioner no.2. There is case and counter case between the parties.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners and submitted that there is specific allegation of assault attributed against the petitioner no.2.

6. Considering the aforesaid facts and circumstances of the case, the nature of injury as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners 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 Court

Patna High Court CR. MISC. No.75063 of 2023(2) dt.01-12-2023 3/3 below/concerned Court in connection with Rafiganj P.S. case No. 288 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T