Chandra Kishor Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23347 of 2016 Arising Out of PS.Case No. -85 Year- 2015 Thana -BAUNSI District- ARRARIA ====================================================== Chandra Kishor Yadav Son of Late Thakur Yadav Resident of village - Kumraha Gopalpur ( Deosthal ), P.S. Baunsi, Distt. - Araria .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Binod Kr. 2(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in jail custody since 15.03.2016 in connection with Bousi P.S. Case No. 85 of 2015 registered for the offences punishable under Sections 341, 323, 324, 326, 307 and 120B of the Indian Penal Code. The aforesaid First Information Report has been registered under Section 156(3) of the Cr.P.C. on the basis of the Complaint Case No. 1571C of 2015.
The prosecution case, in brief, is that while the informant was returning from his field, he was assaulted by the accused persons with fists, feet and sword and assuming
Patna High Court Cr.Misc. No.23347 of 2016 (2) dt.26-05-2016 2/3 the informant to be dead, accused persons went away. It has been submitted by the counsel for the petitioner that the petitioner is innocent and has been falsely implicated in the aforesaid case. The date of occurrence is 18.05.2015, but the complaint petition was filed on 16.06.2015, although the complainant/ informant has stated that after few days of the treatment, he recovered and returned home. It has further been submitted that there is land dispute between the petitioner and the complainant/ informant which is admitted by the complainant/ informant in his complaint petition itself. He further submits that petitioner being a man of status will not tamper with the evidence or abscond.
However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.
Be that as it may, let the petitioner named above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial
Patna High Court Cr.Misc. No.23347 of 2016 (2) dt.26-05-2016 3/3 Magistrate, Araria in connection with Bousi P.S. Case No. 85 of 2015.
(Nilu Agrawal, J.) Arjun/- U T