Jay Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20207 of 2015 Arising Out of PS.Case No. -92 Year- 2014 Thana -THAWE District- GOPALGANJ ======================================================

1. Jay Prakash Yadav S/o Yogendra Yadav resident of Village Lachhwar, P.s Thawe, Dist- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. B.N. Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-09-2015 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

This petition is taken up out of turn as according to petitioner, his mother died on 30.08.2015. The accusation against the petitioner is that he gave repeated dagger blows to the informant as informant had lodged a case against the petitioner and his other family

Patna High Court Cr.Misc. No.20207 of 2015 (6) dt.09-09-2015 2/3 members and petitioner and his associates were giving threatening of dire consequences to him for which he filed a petition in the court of Chief Judicial Magistrate and also gave a petition to the concerned Superintendent of Police. Learned counsel appearing for the petitioner submits that according to injury report of informant, the informant sustained six injuries, said to be caused by sharp cutting weapon but all the aforesaid injuries are simple in nature for which petitioner is in jail custody since 25.02.2015.

Learned counsel appearing for the informant opposed the prayer submitting that prior to the alleged occurrence petitioner and his associates had given threatening of dire consequences to the informant and when informant filed a petition to the above stated effect before the court as well as police official, the petitioner committed the alleged occurrence. Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No.

Patna High Court Cr.Misc. No.20207 of 2015 (6) dt.09-09-2015 3/3 prosecution witnesses, the concerned court shall be at liberty to cancel the bail bonds of the petitioner after making proper enquiry.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T