In a regular bail application before the Patna High Court, the petitioner sought release from custody regarding offences under various sections of the Indian Penal Code. The High Court granted bail directed by the learned single judge.
Petitioner enlarged on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73146 of 2022
Arising Out of PS. Case No.-652 Year-2022 Thana- SHERGHATI District- Gaya
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Rajendra Yadav Son of Late Sewak Yadav Resident of village - Hardawan, P.S.- Dobhi, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Md. Jubair Ansari, Advocate For the Opposite Party/s : Mr.Satya Nand Shukla, A.P.P
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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 06-04-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Sherghati P.S. Case No. 652 of 2022 dated 26.07.2022 registered for the offence punishable under sections 341, 323, 342, 307, 354, 379, 504 and 506 read with 34 of the Indian Penal Code.
As per the prosecution case, the petitioner and coaccused persons holding tangi , pasuli , khanti , lathi and danda entered the house of the informant and started abusing the
Patna High Court CR. MISC. No.73146 of 2022(2) dt.06-04-2023 2/3
informant's daughter. The petitioner and the co-accused person, Mantu Yadav exhorted to kill the informant and her daughter, upon which the co-accused Pintu Yadav and Kishore Yadav caught hold of hair of the informant's daughter and started slapping her. On being objected, the petitioner assaulted on the head of the informant with tangi causing cut injury. In the meantime, Samru Yadav, Ramesh Yadav and Gopal Yadav started assaulting with lathi , pasuli and iron rod. The co-accused Mantu Yadav and Pintu Yadav and Kishore Yadav also assaulted the informant and her daughter with lathi and iron rod. It is further alleged that the petitioner and the co-accused Pintu Yadav snatched golden mangalsutra and dholna from the neck of Rubi Kumari.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the impugned order dated 24.09.2022, no definite fracture was seen in calverium. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 28.07.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that there is specific allegation against the petitioner of causing injury on the
Patna High Court CR. MISC. No.73146 of 2022(2) dt.06-04-2023 3/3
head of the informant.
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 concerned, Sherghati, Gaya in connection with Sherghati P.S. Case No. 652 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
atul/-
U T
2 issues framed by the court
Whether the petitioner is eligible to be granted regular bail in the present circumstances.
What amount of bail bond and security is required for the petitioner's release.
1 provisions across 1 enactments
RAJENDRA YADAV
STATE OF BIHAR
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
