Ashok Yadav @ Saukhi Yadav @ Saurabi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6845 of 2024 Arising Out of PS. Case No.-315 Year-2023 Thana- SANGRAMPUR District- Munger ====================================================== ASHOK YADAV @ SAUKHI YADAV @ SAURABI YADAV, SON OF LATE PHEGU YADAV, R/O VILLAGE- RANIYA, P.S.- SANGRAMPUR (TETIYA BAMBER), DISTRICT- MUNGER ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sangrampur (Tetiya Bamber) P.S. Case no. 315 of 2023 registered under sections 307, 341, 323, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the five named accused persons including the petitioner herein are said to have come variously armed and of having assaulted the son of the informant leading to serious injuries.

4. Learned counsel for the petitioner submits that against the allegation of assault by three persons on head, corresponding injuries have not been found. Thus, the injury report does not support the prosecution case. The petitioner was present in the Civil Court at the date and time of occurrence. He

Patna High Court CR. MISC. No.6845 of 2024(3) dt.18-04-2024 2/2 is in custody since 8.11.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, it may be mentioned here that the injury report was called for from the learned Court below. On the same not having been received, by order dated 17.2.2024, it was directed that the Investigating Officer shall remain physically present in case the injury report is not made available to this Court. Thereafter, the injury report dated 27.12.2023 has been produced under the signature of the Medical Officer, CHC, Sangrampur. It mentions that the injuries were grievous in nature caused by hard and blunt substance which were life threatening.

7. In view of the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) avinash/- U T