This order grants regular bail to the petitioner, who was in judicial custody, following arguments regarding false implication in a criminal case involving assault and injury.
Release on bail by furnishing bond of Rs. 10,000 with two sureties of the like amount to the CJM.
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.81583 of 2023
Arising Out of PS. Case No.-476 Year-2023 Thana- BARHARA District- Bhojpur
======================================================
Nand Kishore Yadav Son Of Late Radha Kishun Yadav R/O Village- Majhauli, P.S.- Krishnagarh, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surendra Kumar Singh, Advocate Mr. Prabhat Kumar Singh Ms. Priya, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 05-01-2024
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Barhara (Krishnagarh) P.S. Case No. 476 of 2023 instituted for the offences punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the IPC.
It is a case of assault upon the informant and her family members by means of lathi, danda rami and country made katta by the accused persons including the petitioner.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to property dispute between the parties. He further submits that the injured
Patna High Court CR. MISC. No.81583 of 2023(2) dt.05-01-2024 2/2
Dudhnath Yadav sustained a lacerated wound measuring 1/2”x1/2” on the occipital area. The injury report of Raj Kumari Devi shows tenderness at left wrist and lacerated wound measuring 1/2”x2” at left parietal region and there is no repeated blow on the injured persons. Petitioner is in judicial custody since 04.08.2023.
Learned APP for the State opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case and also submissions made by learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Bhojpur at Ara in connection with Barhara (Krishnagarh) P.S. Case No. 476 of 2023.
Brajesh Kumar/- U T
(Ramesh Chand Malviya, J)
1 issue framed by the court
Whether the petitioner is entitled to regular bail in the instant criminal prosecution.
1 provisions across 1 enactments
Nand Kishore Yadav
The State of Bihar
Ramesh Chand Malviya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
