Uchit Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.19349 of 2015 (4) dt.31-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19349 of 2015 Arising Out of PS.Case No. -205 Year- 2014 Thana -LAXMIPUR District- JAMUI ======================================================

1. Uchit Yadav S/o Dhaneshwar Yadav resident of Village-- Chinberia P.S - Laxmipur, district Jamui.

.... .... Petitioner.

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== with Criminal Miscellaneous No.21038 of 2015 Arising Out of PS.Case No. -205 Year- 2014 Thana -LAXMIPUR District- JAMUI ======================================================

1. Dhaneshwar Yadav S/o Late Baijnath Yadav,

2. Fuleshwar Yadav, S/o Late Baijnath Yadav, Both are resident of Village - Chinweria, Police Station - Laxmipur, District - Jamui. .... .... Petitioners

Versus

1. The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

(In Cr.Misc. No.19349 of 2015) For the Petitioner/s : Mr. Ranjan Kumar Sinha, Advocate. For the State : Mr. Hirday Pd. Singh, A.P.P. (In Cr.Misc. No.21038 of 2015) For the petitioners : Mr. Amrendra Kumar, Advocate. For the State : Mr. Shailendra Kr.Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 31-07-2015 Heard learned counsel for the petitioner and learned counsel for the opposite party as well as learned counsel for the State.

Two bail petitions are being heard together and disposed of by common order as two cases arise in connection with Laxmipur

Patna High Court Cr.Misc. No.19349 of 2015 (4) dt.31-07-2015 P.S. Case No. 205 of 2014 (G.R.No. 1904 of 2014) registered under Sections 323, 324, 341, 504 and 307/34. Subsequently Section 302 I.P.C. was added.

Though, there is act attributed to Uchit Yadav that he gave Tangi blow on Usha Devi and Phuleshwar Yadav and Dhaneshwar Yadav assaulted to Indu Devi and Baby Devi by iron rod. The injury report shows that injury on the person of Usha Devi that (1) a lacerated wound 3"x1/2"x bone deep on right parietal region, (2) a lacerated wound 2/1/2"x1/2"x`1/1" bone deed on mid scalp, (3) a lacerated wound 2/1/2"x1/2"x bone deep on left parietal region. However, no x-ray report was suggested that cause any fracture of Usha Devi. Hence report regarding all injuries is grievous in nature without any basis. .Having regard to the facts and circumstances of the case, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Jamui, in connection with Laxmipur P.S. Case no. 205 of 2014 (G.R. No. 1904 of 2014). m.p.

(Gopal Prasad, J) U T