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Patna High CourtCR. MISC./4847/2016bail granted

Ramjatan Yadav v. The State Of Bihar

2016-02-05Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4847 of 2016 Arising Out of PS.Case No. -108 Year- 2015 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ====================================================== Ramjatan Yadav son of Debchand Yadav @ Butaai Yadav, resident of Village- Jethona (Jethauna), P.S- Khodaganj, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeev Kumar For the Opposite Party/s : Mr. P.K.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 05-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 308, 379 and 504/34 of the Indian Penal Code. The prosecution case is that on 28.07.2015 at 7.30 P.M. when the informant was irrigating his field the accused persons including the petitioner came and started abusing. On protest being made on the order of co-accused Butai

Patna High Court Cr.Misc. No.4847 of 2016 (2) dt.05-02-2016 2/3 Yadav, co-accused Bhola Yadav assaulted with Garasa on the head of the informant when the informant fell down then the petitioner assaulted with Garasa causing fracture injury on the left leg and also took away rupees three thousand. When the sons of the informant, Surendra Yadav, came to rescue then he was also assaulted.

It is submitted by learned counsel for the petitioner that the injury of the informant and informant's son has been found simple in nature. A complaint was filed by coaccused Bhola Yadav against the informant side. For the occurrence of 28.07.2015 at 7.30 A.M. the FIR was registered on 29.07.2015 at 1.00 P.M.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the accusation being not exactly corroborated with the medical opinion, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Hilsa, Nalanda in connection with Khodaganj P.S.

Patna High Court Cr.Misc. No.4847 of 2016 (2) dt.05-02-2016 3/3 Case No. 108 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T