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Patna High CourtCR. MISC./80843/2023allowed

Bajrangi Yadav @ Bajrangi Kumar v. The State Of Bihar

2023-12-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80843 of 2023 Arising Out of PS. Case No.-105 Year-2020 Thana- TEKARI District- Gaya ====================================================== Bajrangi Yadav @ Bajrangi Kumar S/O Suresh Yadav R/O Village- Matai, P.S- Tekari, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 325, 307, 504 and 506/34 of the Indian Penal Code.

3. As per allegation in the FIR, while the informant son was returning from market, accused persons including the petitioner surrounded and assaulted him on his head. When other family members came there to rescue him, they were also beaten up by the accused persons. Specific allegation against the petitioner is of assaulting to the grand-son on his head.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner has assaulted to grand-son, namely, Ashwini Kumar on his head

Patna High Court CR. MISC. No.80843 of 2023(2) dt.14-12-2023 2/2 but doctor has found the nature of injury as simple caused by hard and blunt substance. There is no allegation of repetition of blow. There is delay of three days in lodging the FIR without any explanation. The present case is counter blast of Tekari PS Case No. 117 of 2020. Petitioner has got no criminal antecedent and languishing in judicial custody since 27.8.2023.

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 ACJM VI, Gaya in connection with Tekari P.S. Case No. 105 of 2020. (Sunil Kumar Panwar, J) sushma/- U