Bhim Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.33418 of 2017 (2) dt.20-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33418 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -SHANKARPUR District- MADHEPURA ======================================================
1. Bhim Yadav Son of Late Raghuni Yadav, R/o Village- Ramnagar, Ward No.7, P.S.- Shankarpur, District- Madhepura.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.
The petitioner seeks regular bail in connection with Shankarpur P.S. Case No. 102 of 2016 registered for the offences punishable under Sections 341, 323, 325, 307, 504 and 379/34 of the Indian Penal Code.
The informant has alleged that in the night of 11.09.2017, three F.I.R. named accused including this petitioner and 4-5 unknown persons armed with deadly weapon intercepted him and on the order of this petitioner, accused persons assaulted him. This petitioner assaulted him on his head by iron rod. It has been submitted that both the parties are agnates and the negotiation of settlement of land dispute was going on between the parties. The learned counsel referred Annexure-3 of
Patna High Court Cr.Misc. No.33418 of 2017 (2) dt.20-07-2017 the petition, which is injury report to show that the informant sustained injury on his leg, which was not on the vital part and he deserves to be enlarged on bail.
The learned APP for the State opposed the submissions.
On perusal of annexures and F.I.R., I find that the petitioner is in custody since 07.04.2017. In the injury report, the Doctor has reported two injuries. The informant sustained one injury on his leg, which was simple in nature and another injury on right leg above ankle joint for which the opinion has been reserved. The petitioner has clean antecedent. Considering the facts and circumstances stated above, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st, Madhepura in connection with Shankarpur P.S. Case No. 102 of 2016.
(Sanjay Kumar, J) ajaypd./- U T