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Patna High Court - Orders

Durgesh Kumar @ Durgesh Yadav vs The State Of Bihar on 24 May, 2022

Author: Ashutosh Kumar

Bench: Ashutosh Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.23374 of 2021
                     Arising Out of PS. Case No.-299 Year-2020 Thana- NOORSARAI District- Nalanda
                 ======================================================
                 DURGESH KUMAR @ DURGESH YADAV Son of Late Bachhu Yadav
                 Resident of Village- Kakaria, P.S.- Noorsarai, District- Nalanda.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Satya Ranjan Sinha
                 For the Opposite Party/s :       Mr. M.K. Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
                                       ORAL ORDER

2   24-05-2022

Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Noorsarai P.S. Case No. 299/2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code.

The petitioner is alleged to have assaulted the wife of the informant, as a result of which, she has received simple injuries.

The learned counsel for the petitioner has submitted that the accusation is absolutely false and motivated. The parties are related to each other and there had been a dispute with respect to apportionment of their respective shares in the family property. It has further been submitted that earlier the petitioner Patna High Court CR. MISC. No.23374 of 2021(2) dt.24-05-2022 2/2 had filed a case against the informant and others vide Noorsarai P.S. Case No. 295/2020. The victim has received simple injuries and that also on the non-vital portion of the body.

The mother and sister-in-law of the petitioner have been granted anticipatory bail by the court below.

Considering the afore-stated facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -VII, Nalanda at Biharsharif, in connection with Noorsarai P.S. Case No. 299/2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/-

U      T