Shyam Sundar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.7093 of 2016 (2) dt.03-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7093 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -JADIA District- SUPAUL ======================================================

1. Shyam Sundar Yadav, S/o Triveni Yadav, Resident of VillageKoriapatty, Tola Rajgawn, P.S.- Jadia, District- Supaul.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Jadia P.S. Case No. 117 of 2015 registered for the offences punishable under Sections 341, 323, 324, 307, 504 and 379 of the Indian Penal Code.

Allegedly, when the informant who is a fisherman was returning from the market after selling fishes, the petitioner intercepted him, snatched Rs. 4000/- and mobile set and when Birendra Yadav came for rescue the petitioner also assaulted him with knife causing injury to him but the nearby people assembled and caught the petitioner after chase.

Submission is of false implication due to some dispute, no offence under Section 307 and 379 IPC is made out, nothing

Patna High Court Cr.Misc. No.7093 of 2016 (2) dt.03-03-2016 has been recovered from possession of the petitioner and the doctor has found the injury of Birendra Yadav simple caused by hard and blunt object and the petitioner who is suffering in custody since 09.12.2015 deserves sympathetic consideration to which learned APP does not oppose.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Krishna Deo, J. M. Ist Class, Supaul in connection with Jadia P.S. Case No. 117 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T