Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86527 of 2024 Arising Out of PS. Case No.-78 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== Mukesh Yadav S/o- Kapileshwar yadav Resident of village- Skituaha PsSalkhua District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rashmi Jha, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Salkhua P.S. Case No. 78 of 2024 dated 11.03.2024 registered for the offences punishable under Sections 341, 323, 324, 307, 354B, 379, 504, 506 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the informant alleges that the petitioner along with the co-accused persons armed with weapons started abusing and started pulling out the bamboo sticks, upon protesting, the petitioner attacked on the head of the informant, the petitioner along with the co-accused, Bhavesh Yadav assaulted the informant. Further, the petitioner's son and
Patna High Court CR. MISC. No.86527 of 2024(2) dt.05-02-2025 2/3 wife were also assaulted by the co-accused persons and snatched earrings of the informant's wife worth Rs. 26,000/- and gold locket worth Rs. 15,000/- from the informant's neck. The informant alleges that this act was committed with the intention to kill the informant and life threat was given.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. It is further submitted that there is land dispute between both the parties. As per Annexure-2, it shows that the injury no.1 and 2 are grievous in nature and injury no.3 is simple in nature. The petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.08.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court
Patna High Court CR. MISC. No.86527 of 2024(2) dt.05-02-2025 3/3 concerned, Saharsa in connection with Salkhua P.S. Case No. 78 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) Shivam/- U T