Nehal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48507 of 2014 Arising Out of PS.Case No. -173 Year- 2013 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Nehal Yadav Son of Late Janki Yadav Resident of Village - Jorarpur, P.SHarnaut, Distt- Nalanda. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-03-2015 Heard the learned counsel for the petitioner, informant and the learned A.P.P. for the State. The petitioner seeks bail in a case for the offence punishable under Sections 341, 323, 308, 385 and 379/34 of the Indian Penal Code.

The allegation against the petitioner is that he came with his son to the informant and assaulted him. When informant's brother and wife came to his rescue, they were also assaulted and the ornaments of the informant's wife were snatched by the son of the petitioner.

Learned counsel for the petitioner submits that there has been land dispute between both the parties and there was altercation between both of them. Informant has stated in his further statement that his brother, Charittar Sao, had eye disease prior to the occurrence and he is aged about 75 years. The petitioner has no criminal antecedent. After investigation chargesheet has already been submitted and there is no chance of tampering with the witnesses.

Patna High Court Cr.Misc. No.48507 of 2014 (4) dt.13-03-2015 2/2 Learned counsel for the informant submits that there is specific allegation of overt act against the petitioner.

Considering the facts and circumstances of this case, the above-named petitioner is directed to 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 the learned Judicial Magistrate, Ist class, Nalanda at Biharsharif in Harnaut P. S. Case no. 173 of 2013 after framing of charge with the following conditions :

1. One of the bailors will be the close relative of the petitioner.

2. The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4. In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned. (Amaresh Kumar Lal, J) sudip/- U T