Bijendra Yadav @ Bijen Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.16652 of 2017 (3) dt.27-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16652 of 2017 Arising Out of PS.Case No. -111 Year- 2014 Thana -KISHUNPUR District- SUPAUL ====================================================== Bijendra Yadav @ Bijen Yadav, Son of Krishna Moham Yadav, Resident of Village-Tulapatti, P.S.-Kishanpur, Distt.-Supaul .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Jha, Advocate. For the Opposite Party/s : Mr. Sri Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Kishanpur P.S. Case No. 111 of 2014, registered under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is specific allegation against Manoy Yadav to cause injury through bamboo at the head of Lalan Yadav with general and omnibus allegation against the petitioner to cause assault to Lalan Yadav through fist and slaps. Further submission is that the police, on investigation, submitted charge sheet against Ashok Yadav, Sanjay Yadav, Manoj Yadav and Amla Devi, submitting final form against the petitioner due to

Patna High Court Cr.Misc. No.16652 of 2017 (3) dt.27-04-2017 insufficiency of evidence but later on, cognizance has been taken against the petitioner. It is further submitted that petitioner has no criminal antecedent and is in custody since 04.02.2017. It is further submitted that similarly situated co-accused, Ashok Yadav and Sanjay Yadav, have already been granted privilege of bail by this Court vide order dated 02.03.2015 passed in Criminal Misc. No. 7236 of 2015.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, in connection with Kishanpur P.S. Case No. 111 of 2014. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T