Satya Narain Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51468 of 2014 Arising Out of PS.Case No. -79 Year- 2014 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Satya Narain Yadav S/o Nunulal Yadav Resident of Village Pratappur, Police Station Triveniganj, District Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Kumar Singh For the Opposite Party/s : Mr. Jitendra Kumar Roy-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Triveniganj P.S. Case No. 79 of 2014 registered for the offence punishable under Sections 341, 323, 324, 325, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioner along with 7 named in the FIR and 5 unknown armed with deadly weapon surrounded the house of the informant, entered into her house and after fixing a rope around the neck of her husband dragged him and brought outside and assaulted him with intention to commit his murder. The husband of the informant became unconscious and he was referred to Darbhanga for further treatment.

Submission is that there is land dispute, the petitioner is full brother of the informant's husband and otheraccused are family members. The allegation of assault is omnibus. There was free fight between both parties and both sides have received grievous injury, and as such, the petitioner who is suffering in custody since 18.6.2014 deserves sympathetic consideration as in this case chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned APP opposes the prayer for bail of the petitioner.

In the facts and circumstances stated above, considering that due to land dispute the occurrence has taken place wherein both sides have received injury and further considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Mukesh Kumar, J. M. Ist Class, Supaul in connection with Triveniganj P.S. Case No. 79 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain

present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T