Subash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2159 of 2016 Arising Out of PS.Case No. -128 Year- 2015 Thana -BARAULI District- GOPALGANJ ====================================================== Subash Yadav Son of Kheladi Yadav, Resident of Village - Belsand, P.S. - Barauli (Madhopur O.P.), District - Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Arvind Kumar Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Barauli (O.P. Madhopur) P.S. Case No. 128 of 2015 registered under Sections 341, 323,324, 307, 504/34 of the I.P.C. The accusation is that petitioner along with his wife and daughter started to cause assault through fists and slaps to the wife of the informant. In that course, petitioner caused injury through lathi on the head and waist to the wife of the informant with intention to kill.

Learned counsel appearing on behalf of the petitioner submits that in fact, petitioner and informant are own brother and due to land dispute, some altercation took place, in

Patna High Court Cr.Misc. No.2159 of 2016 (3) dt.10-03-2016 2/2 which wife of the informant fell down on the earth and sustained injury but due to ulterior motive, the informant lodged this present case with false allegation. Further, it is submitted that petitioner has no criminal antecedent and is in custody since 24.11.2015. Having considered the facts and circumstances of the case, let the above named petitioner 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 Judicial Magistrate, 1st Class, Gopalganj in connection with Barauli P.S. Case (Madhopur O.P.) No. 128 of 2015. Out of two sureties, one surety must be parents or close relatives of the petitioner. (Rajendra Kumar Mishra, J) Shail/- U T