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Patna High CourtCR. MISC./881/2025bail granted

Tukan Yadav v. The State Of Bihar

2025-01-24Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.881 of 2025 Arising Out of PS. Case No.-236 Year-2021 Thana- JHAJHA District- Jamui ====================================================== Tukan Yadav Son of Janki Yadav R/o village- Bholdhi, P.S. -Jhajha, DistJamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 447, 341, 323, 324, 307, 379, 504 and 427 of the Indian Penal Code read with Section 26 of the Cattle Trespass Act.

3. Learned counsel for the petitioner submits that petitioner had earlier moved this Court seeking anticipatory bail by filing Criminal Miscellaneous No. 71490 of 2021 and the same was allowed by an order dated 25.07.2023 with a condition that "the learned Trial Court before accepting the bail bonds of the petitioner shall verify the injury of the informant and in the event if it is found that informant has suffered any injury in that event the anticipatory bail order shall not be given

Patna High Court CR. MISC. No.881 of 2025(2) dt.24-01-2025 2/3 effect to.

4. It is further submitted that, in pursuance of the orders of this Court dated 25.07.2023 in Criminal Miscellaneous No. 71490 of 2021, the petitioner surrendered, but on verification it was found that the injured has suffered two injuries and the injury has been opined to be simple in nature, but then it is submitted that petitioner is not alleged to have assaulted the injured rather he was assaulted by Pramod. It is next submitted that petitioner is in custody since 06.09.2024. It is also submitted that charge sheet has been submitted as such no useful purpose would be served by keeping the petitioner in jail.

5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jhajha P.S. Case No. 236 of 2021.

7. However, it is made clear that if the learned Trial

Patna High Court CR. MISC. No.881 of 2025(2) dt.24-01-2025 3/3 Court comes to a conclusion that petitioner, after his release, is trying to delay the trial in any manner, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner forthwith after recording reasons. (Satyavrat Verma, J) Rishabh/- U T