Lutan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11130 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Lutan Yadav S/o Ramchandra Yadav, Resident of village- Uttari Telua Dera Tola, P.S.- Nautan, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. R.P. Singh, Sr. Adv. Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s : Mr. Sanjay Kumar No.7 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 15-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sessions Trial No. 618 of 2014 arising out of Nautan P.S.Case No.57 of 2014 registered for the offences punishable under sections 147, 148, 149, 341, 323, 324, 325, 448, 380, 307, 302, 504 and 506 read with 34 of the Indian Penal Code.

According to the F.I.R., one Ram Chandra Yadav is alleged to have assaulted with farsa on the head of the father of the informant whereas the petitioner along with two others, namely, Pradeep Yadav @ Doctor and Lakshan Yadav are alleged to have assaulted him with lathi. It has also been alleged that the informant was assaulted with lathi over his head and hands by the petitioner. It has been contended that the petitioner has falsely

Patna High Court Cr.Misc. No.11130 of 2015 (3) dt.15-04-2015 2/2 been implicated in the case. Though there is allegation of assault by four persons upon the father of the informant over his head but the doctor, who conducted post-mortem examination, has found only one injury over his head. It has further been submitted that the informant had sustained three injuries, out of which two are pain and swelling whereas the third injury is superficial cut injury over his forehead.

Learned counsel for the informant has vehemently opposed the prayer for bail. He has submitted that one of the injuries found on the palm of the informant was opined to be grievous in nature.

Be that as it may, regard being had to the facts and circumstances of the case, the petitioner, who is in custody since 4th April, 2014, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional District & Sessions Judge, Bettiah, West Champaran in connection with Sessions Trial No. 618 of 2014 arising out of Nautan P.S.Case No.57 of 2014.

(Ashwani Kumar Singh, J) Pradeep/- U