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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77264 of 2024 Arising Out of PS. Case No.-414 Year-2024 Thana- AMARPUR District- Banka ====================================================== Vedio Yadav @ Vinay Kumar S/o- Horil Yadav Village- Nagardih, Police Station- Fullidumar, District-Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ajay Mukherjee, Adv. For the Opposite Party/s : Mr.Vinod Shanker Modi, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 4 22-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Amarpur (Fullidumar) P.S. Case No. 414 of 2024, registered for the offences under Sections 341, 323, 324, 307, 379, 354, 504, 506, 34 of the Indian Penal Code.
3. As per the prosecution case, petitioner and co- accused persons hurled abuses on the informant and when she forbade them from doing so, they started assaulting her with lathi and iron rod. When the son of the informant intervened he was also assaulted on his head with rod causing its fracture. The co-accused snatched gold chain from the son of the informant. The occurrence took place in the background of dispute over removal of naad of the informant by the petitioner.
Patna High Court CR. MISC. No.77264 of 2024(4) dt.22-01-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner as the allegation of assault is against four persons. Though, the injury of the son of the informant is stated to be grievous, its size shows it is a lacerated wound of 3”x1/4”x1/6” which shows it is not a serious injury. There is no repetition and the injury cannot be stated to be dangerous to life.
Learned counsel further submits that the independent witness examined during investigation stated about petitioner and the informant and her son entering into a fight and with the intervention of the local people, the dispute was pacified. The petitioner is in custody since 30.08.2024 and charge sheet has been submitted. The petitioner is having antecedent of one case in which he is on bail.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the non-specific nature of allegation against the petitioner and further considering the submission of charge sheet and his period of custody, the petitioner is directed to be released on
Patna High Court CR. MISC. No.77264 of 2024(4) dt.22-01-2025 3/3 bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka/concerned court, in connection with Amarpur (Fullidumar) P.S. Case No. 414 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close 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. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
Anuradha/- (Arun Kumar Jha, J) U T