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HIGH COURT OF PATNA
Mr. Justice Sunil Kumar Panwar
NITISH KUMAR YADAV – Appellant
Versus
THE STATE OF BIHAR – Respondent
CR. MISC./51038/2022
AN ACCUSED IS ENTITLED TO BAIL IF HE HAS BEEN IN JUDICIAL CUSTODY FOR A PROLONGED PERIOD, HAS NO CRIMINAL ANTECEDENT, AND THE INJURY REPORT IS NOT IN CONSONANCE WITH THE PROSECUTION CASE.
Headnote:
BAIL - SECTION 307 IPC - GRANTED - ACCUSED LANGUISHING IN JUDICIAL CUSTODY SINCE 14.05.2022 - NO CRIMINAL ANTECEDENT - INJURY REPORT NOT IN CONSONANCE WITH PROSECUTION CASE - BAIL GRANTED ON FURNISHING BAIL BOND OF RS. 10,000/- WITH TWO SURETIES OF THE LIKE AMOUNT EACH
Fact of the Case:
PETITIONER WAS ARRESTED IN A CASE REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 307, 504, 506/34 OF THE INDIAN PENAL CODE. THE PROSECUTION ALLEGED THAT THE PETITIONER, ALONG WITH CO-ACCUSED PERSONS, ENTERED THE HOUSE OF THE INFORMANT AND ASSAULTED HIS NEPHEW WITH A FARSA, CAUSING HEAD INJURIES.
Finding of the Court:
THE COURT FOUND THAT THE PETITIONER HAD BEEN LANGUISHING IN JUDICIAL CUSTODY SINCE 14.05.2022 AND HAD NO CRIMINAL ANTECEDENT. THE COURT ALSO NOTED THAT THE INJURY REPORT WAS NOT IN CONSONANCE WITH THE PROSECUTION CASE.
Issues: WHETHER THE PETITIONER SHOULD BE GRANTED BAIL.
Ratio Decidendi: THE COURT HELD THAT THE PETITIONER WAS ENTITLED TO BAIL CONSIDERING THE FACT THAT HE HAD BEEN IN JUDICIAL CUSTODY FOR A PROLONGED PERIOD, HAD NO CRIMINAL ANTECEDENT, AND THE INJURY REPORT WAS NOT IN CONSONANCE WITH THE PROSECUTION CASE.
Final Decision: THE COURT GRANTED BAIL TO THE PETITIONER ON FURNISHING BAIL BOND OF RS. 10,000/- WITH TWO SURETIES OF THE LIKE AMOUNT EACH.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51038 of 2022
Arising Out of PS. Case No.-247 Year-2022 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Nitish Kumar Yadav Son Of Hari Mohan Yadav R/O Village- Gausa, P.S.-
Sadar, District- Darbhanga
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr.Iqbal Asif Niazi
For the Opposite Party/s :
Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
2
11-01-2023
Heard learned counsel for the petitioner and
learned APP for the State.
The petitioner has filed the instant application
for grant of regular bail in a case registered for the
offences punishable under Sections 341, 323, 307, 504,
506/34 of the Indian Penal Code.
The prosecution case in nutshell is that
petitioner along with co-accused persons, variously
armed, entered into the house of the informant. They
started abusing and threatening the informant to vacate
the house. Specific allegation against the petitioner that
Patna High Court CR. MISC. No.51038 of 2022(2) dt.11-01-2023
2/3
he assaulted the nephew of the informant, namely,
Gulshan Kumar, by the means of Farsa, due to which he
sustained head injuries.
It is submitted by learned counsel for the
petitioner that the petitioner is innocent and he has
falsely been implicated in the present case. It is also
submitted that petitioner is languishing in judicial
custody since 14.05.2022. It is further submitted that
there is previous enmity and land dispute between the
parties. There is case and counter case between them.
As per the injury report, nature of injury is grievous in
nature and caused by hard and blunt substance which is
not in consonance with the fact of the prosecution. A
statement has been made in para 3 of the petition that
petitioner has no criminal antecedent.
Learned APP appearing for the State has
vehemently opposed the prayer for Bail.
Having heard learned counsel for the parties
and taking into consideration the facts and
Patna High Court CR. MISC. No.51038 of 2022(2) dt.11-01-2023
3/3
circumstances of the case, this Court is inclined to
enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail in connection
with Sadar (Sonki O.P.) P.S. Case No. 247 of 2022 on
furnishing bail bond of Rs. 10,000/- (Rupees ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Chief Judicial Magistrate,
Darbhanga.
nirajkrs/-
(Sunil Kumar Panwar, J)
U
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