Gajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11709 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -BASNAHI District- SAHARSA ======================================================

1. Gajendra Yadav son of Sri Satan Yadav resident of village - Mokma Tola - Suthania, P.S. - Basnahi, District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra, Advocate. For the Opposite Party/s : Mr. Sunil Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-04-2015 Heard both sides.

The petitioner seeks bail in Basnahi P.S. Case No. 35 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is that he assaulted Subhash Mandal the informant with Khanti on his head. Learned counsel for the petitioner submits that there is no repetition of blow. One injury of 1⁄2"x1/8" fascia deep lacerated wound was found and the injuries opined to be grievous on account of fracture of bones. The petitioner is in jail since 31.07.2014.

It appears that the occurrence took place due to the land

Patna High Court Cr.Misc. No.11709 of 2015 (2) dt.07-04-2015 2/2 dispute and there is no repetition of blow. The petitioner has already remained in jail for more than eight months. Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Basnahi P.S. Case No. 35 of 2014. (Prabhat Kumar Jha, J.) KKSINHA/- U T