Upendra Yadav @ Munshi Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.17878 of 2016 (5) dt.03-08-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17878 of 2016 Arising Out of PS.Case No. -62 Year- 2014 Thana -SHANKARPUR District- MADHEPURA ====================================================== Upendra Yadav @ Munshi Yadav son of Late Chhutharu Yadav, Resident of village- Bararahi, P.S.- Shankarpur, District- Madhepura .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Abhijeet Gautam, Advocate For the Opposite Party : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody in connection with Shankarpur P.S.Case No.62 of 2014 registered for an offence under Section 341, 323, 324, 326 and 307/34 of the IPC. The earlier bail application of the petitioner was rejected vide Cr.Misc.No.30180 of 2015 dated 12.08.2015. This is the second attempt on behalf of the petitioner for grant of bail. Learned counsel for the petitioner submits that the petitioner is in custody since 05.05.2015. Petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioner. Petitioner has falsely been implicated in the present case. From perusal of the injury report, it
Patna High Court Cr.Misc. No.17878 of 2016 (5) dt.03-08-2016 is evident that the nature of injury is simple, hence no offence under Section 307 of the IPC is made out. The case has already been committed to the Court of Sessions.
On behalf of the State, it is submitted that the petitioner is named in the FIR.
Considering the aforesaid facts and circumstances, let the above named petitioner 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 Additional Chief Judicial Magistrate, Madhepura in connection with Shankarpur Case No.62 of 2014 corresponding to G.R.No.1180 of 2014. (Sudhir Singh, J) B.Kr./- U T