Durga Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82827 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- MALI District- Aurangabad ====================================================== Durga Yadav S/O Late Jagdish Yadav Resident of village- Bisai P.S.- Mali, Dist- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar, Advocate For the State :
Mr. Ram Naresh Ray, A.P.P.
For the Informant :
Mr. Kamlendra Pd. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 09-04-2025 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned APP for the State.
2. In this case, the petitioner is seeking regular bail in connection with Mali P.S. Case No. 100 of 2024, registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379, 504 and 34 of the Indian Penal Code.
3. As per allegation, the named accused persons badly assaulted the informant's nephew, Neeraj Kumar and made him badly injured.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. There is specific allegation against the petitioner is of inflicting bhujali blow on the head of the nephew of informant which is
Patna High Court CR. MISC. No.82827 of 2024(4) dt.09-04-2025 2/3 injury no. 4 in the Medical Report and as per opinion of the Doctor, injury no. 4 is simple in nature. Learned counsel has also submitted that the petitioner is under custody since 24.08.2024. Learned counsel has further submitted that the informant and his nephew, Neeraj Kumar are accused in murder case of the petitioner's father.
5. On the other hand, learned counsel for the informant vehemently opposed the prayer for bail by submitting that the petitioner and other accused persons badly assaulted the injured who suffered altogether six injuries amongst which injury nos. 5 and 6 are grievous in nature. Learned counsel has also submitted that the trial is going on and two witnesses have been examined till date and third witness is going to be examined on 19.04.2025.
6. Considering the above-mentioned facts and circumstances, the period of incarceration, the petitioner, abovenamed be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. Case No. 100 of 2024, subject to the following condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when
Patna High Court CR. MISC. No.82827 of 2024(4) dt.09-04-2025 3/3 required by the court.
7. The petitioner shall remain physically present on each and every date till the conclusion of trial and on his absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below. (Nawneet Kumar Pandey, J) Neha/- U T