Yugeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2274 of 2015 Arising Out of PS.Case No. -17 Year- 2014 Thana -KHUTAUNA District- MADHUBANI ====================================================== Yugeshwar Yadav, son of Late Ganga Ram Yadav, resident of Village-Sant Nagar, P.S.-Lalamaniya, District-Madhubani .... .... Petitioner

Versus

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

For the Petitioner : Mr. Gagan Deo Yadav For the Opposite Party : Mr. Dinesh Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2015 Petitioner is languishing in custody since 12.09.2014 in a case registered for the offences punishable under Sections 147, 148, 149, 307, 323, 341, 379, 380, 448 of the I.P.C.

It is alleged that co-accused persons wrapped towel in the neck of the informant and dragged when informant and his brother were assaulted and the accused persons took away motorcycle of the informant along with cloth and cash of Rs. 35000/-.

It is submitted by learned counsel for the petitioner that though one injury of the informant was treated to be grievous by the doctor on the ground of being dangerous to life which is contrary to the parameters provided in the Code of Criminal Procedure for treating the injury as grievous. It is further submitted that accusation has been levelled in the background of some dispute with regard to the construction of

Patna High Court Cr.Misc. No.2274 of 2015 (2) dt.20-01-2015 2/2 road.

It is submitted by learned counsel for the informant that the occurrence took place in broad day light and one of the injuries has been found to be grievous. Considering the nature of accusation and the period under custody, let the petitioner, above named, 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 learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 17 of 2014.

Since the petitioner is accused in two other cases, let learned Court below cancel the bail bonds of the petitioner, if the petitioner defaults for three consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T