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Patna High CourtCR. MISC./3668/2024bail granted

Ajit Yadav @ Ajit Kumar v. The State Of Bihar

2024-01-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3668 of 2024 Arising Out of PS. Case No.-772 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Ajit Yadav @ Ajit Kumar Son of Bhupendra Yadav Resident of Village - Patuaha Police Station - Saharsa, District - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Maharaj, Adv.

For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 772 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 384, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The allegation against the accused persons including the petitioner is of assaulting the Informant. The specific allegation against the petitioner/Ajit Yadav is of assaulting the Informant by means iron rod at his head due to which he sustained grievous injury and blood started oozing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.3668 of 2024(2) dt.29-01-2024 2/2 present case and the petitioner has committed no offence as alleged in the F.I.R. He further submits that there is delay of four days in instituting the F.I.R. The petitioner has no criminal antecedent and is in custody since 09.11.2023. He further submits that the injuries found over the person of the Informant are simple in nature and, hence, Section 307 of the IPC is not attracted.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Saharsa Sadar P.S. case No. 772 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T