Bairister Yadav @ Bairister Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5620 of 2015 Arising Out of PS.Case No. -466 Year- 2014 Thana -SIWAN MUFFASIL District- SIWAN ======================================================
1. Bairister Yadav @ Bairister Chaudhary S/o Kishun Yadav @ Kishun Chaudhary @ Kishun Chau. Resident of Village Bharathui, Police Station Siwan (Mufassil), District Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Narendra Kr. Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307, 379, 506 of the Indian Penal Code. It is alleged that the petitioner caused injury with spade on the head of the informant's son when the other assaulted with knife.
It is submitted by the learned counsel for the petitioner that injury on the head of the informant's son has been found to be simple, when the other injuries have been found to be caused by hard and blunt substance. Though, accusation has been levelled that others assaulted with knife. It is further submitted that the injury caused by the petitioner is
Patna High Court Cr.Misc. No.5620 of 2015 (2) dt.11-02-2015 superficial of a marginal size. Petitioner is a disable person, certificate to that effect has been brought on record vide Annexure-3. Accusation has been levelled in the background of land dispute. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his 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 Chief Judicial Magistrate, Siwan in connection with Siwan Mufassil (Dhanauti O.P.) P.S. Case No. 466 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code. (Dinesh Kumar Singh, J) P.K./- U T