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Patna High CourtCR. MISC./2632/2024bail granted

Dirahwa Yadav @ Hare Ram Yadav v. The State Of Bihar

2024-01-31Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2632 of 2024 Arising Out of PS. Case No.-139 Year-2017 Thana- NAUBATPUR District- Patna ====================================================== Dirahwa Yadav @ Hare Ram Yadav S/O Ram Pati Yadav Resident of Village -Chak Chechaul, P.S- Naubatpur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deovind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Naubatpur P.S. Case No. 139 of 2017, registered on 25.05.2017 for the offences under Sections 448, 341, 324, 307/34 of the Indian Penal Code.

3. As per prosecution case, co-accused Rabindra Yadav entered into altercation with the informant and the petitioner and other co-accused persons started assaulting the informant. Co-accused Rabindra Yadav gave Garasa blow on the head of the informant causing head injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner and the informant are neighbours and no

Patna High Court CR. MISC. No.2632 of 2024(2) dt.31-01-2024 2/3 occurrence as alleged has ever taken place. The allegation of assault by Garasa is against co-accused Rabindra Yadav, who has been granted regular bail by the learned court below. There is no specific allegation against the petitioner. The matter has been compromised. The petitioner has got no criminal antecedent.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-specific nature of allegation and further considering the possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Danapur/concerned court in connection with Naubatpur P.S. Case No. 139 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :

(i) One of the bailors will be a close

Patna High Court CR. MISC. No.2632 of 2024(2) dt.31-01-2024 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T