Sunil Yadav @ Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76044 of 2024 Arising Out of PS. Case No.-404 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== Sunil Yadav @ Sunil Kumar Yadav S/O Harihar Nath Yadav R/O VillageSiswa, Barhi, P.S.Phulparas, District Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Phulparas P.S. Case No. 404 of 2021 registered for the offence punishable under Sections 307, 147, 149, 341, 323 324, 385, 379, 504 and 506 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner along with others arrived. They were armed with iron rod, pipe and sharp cutting weapons. It is further alleged that Bablu Kumar assaulted Amit Kumar with iron rod on his back. When the informant tried to rescue, on this Sunil Yadav (petitioner) got furious, abused him and snatched his golden chain and assaulted with knife, four times on his head and also assaulted with butt of

Patna High Court CR. MISC. No.76044 of 2024(3) dt.22-01-2025 2/3 the pistol on the head.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. During course of the argument, learned counsel for the petitioner has submitted that the injury report shows that the nature of all the injuries received by informant are simple and are caused by hard and blunt substance. It is clear that the allegation and the injury do not correlate. The petitioner is having criminal antecedents of 36 cases. It has been submitted by the learned counsel for the petitioner that in most of the cases, he is on bail or acquitted. Petitioner is languishing in judicial custody since 14.12.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Jhanjharpur, District-

Patna High Court CR. MISC. No.76044 of 2024(3) dt.22-01-2025 3/3 Madhubani in connection with Phulparas P.S. Case No. 404 of 2021.

(Ashok Kumar Pandey, J) Anushka/- U T