Patna High CourtCR. MISC./673/2024bail granted

Chandeshwar Yadav @ Chanseri Yadav v. The State Of Bihar

2024-02-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.673 of 2024 Arising Out of PS. Case No.-308 Year-2022 Thana- DUMRAO District- Buxar ====================================================== CHANDESHWAR YADAV @ CHANSERI YADAV Son of Late Gudi Yadav R/o Naya Bhojpur, ward no. 9, P.s. - Naya Bhojpur O.P., Distt. - Buxar ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Brajbhushan Mishra, Advocate For the Opposite Party :

Mr.Umanath Mishra, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 448, 308, 379,504,506/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner and other accused persons are said to have assaulted the informant and his family members with bricks, iron rod etc.

4. Learned counsel appearing for the petitioner submits that the petitioner and informant are neighbourers and due to dirty village politics, petitioner and other accused persons have falsely been roped in this case. There is case and counter case. Allegation of assault is general and omnibus and no specific overt act has been alleged against him. Doctor has found simple injury. Co-accused, with similar

Patna High Court CR. MISC. No.673 of 2024(2) dt.07-02-2024 2/2 allegation, have already been allowed pre-arrest bail by a coordinate bench of this Court vide order passed in Cr.Mis.No.40137/2023. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in Dumraon Naya Bhojpur OP Police Station Case No. 308/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T