Mochhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47452 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ====================================================== Raju Yadav @ Rajo Yadav son of Saryug Yadav, Resident of VillageMakduane, P.S. Manachak, Dist- Nalanda. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.48302 of 2015 Arising Out of PS.Case No. -109 Year- 2014 Thana -MANPUR District- NALANDA (BIHARSHARIFF) ====================================================== Mochhu Yadav son of Ram Briksh Yadav Resident of Village/Mohalla - Makduane, P.S. - Manpur, District - Nalanda.
.... .... Petitioner
Versus
The State of Bihar.
....... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.47452 of 2015) For the Petitioner/s : Mr. Satya Prakash, Advocate For the Opposite Party/s : Dr.Indiwar Kumari, APP (In Cr.Misc. No.48302 of 2015) For the Petitioner/s : Mr. Rajendra Prakash, Sr. Advocate For the Opposite Party/s : Mr. T.P.Mandal, APP ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-10-2015 These two applications are filed on behalf of the petitioners praying for regular bail who are accused in Manpur PS Case No. 109 of 2014 for the alleged offences punishable under Sections 341, 323, 325, 307,379. 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
It is submitted on behalf of the petitioner Mochhu Yadav that though there is allegation against him of assaulting the informant's son with spade, the injury report does not support the
Patna High Court Cr.Misc. No.47452 of 2015 (2) dt.30-10-2015 2/2 prosecution case inasmuch as the injury has been found to be simple in nature caused by hard and blunt substance. So far as the petitioner Raju Yadav @Rajo Yadav is concerned, it is submitted that the allegation against him is of assaulting the victims by lathi.
Learned counsels appearing on behalf of the petitioners have submitted that it is evident from the First Information Report that an altercation had taken place between the parties over some minor dispute.
Considering the submissions as above, these applications are allowed.
Let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Bihar Sharif in Manpur PS Case No. 109 of 2014.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) mrl U T