Ram Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33649 of 2018 Arising Out of PS. Case No.-154 Year-2013 Thana- BAHERI District- Darbhanga ====================================================== Ram Naresh Yadav S/o Late Laddu Lal Yadav, R/o Vill.- Baskatti, P.S.- Baheri, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Shahnawaz Ali For the Opposite Party/s :

Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-07-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Baheri P.S. Case No. 154 of 2013 dated 14.05.2013 instituted for the offences under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

It has been alleged in the FIR that the petitioner was attempting to commit theft of the motorcycle of the informant. In the meantime, the informant woke up and protested. Thereafter, it has been alleged that the petitioner came back with a sharp cutting weapon and assaulted the informant leading to injuries.

Mr. Shahnawaz, learned advocate has

Patna High Court Cr.Misc. No.33649 of 2018(2) dt.04-07-2018 2/2 submitted that the petitioner is the uncle of the informant. The injury suffered by the informant has been opined to be simple. Apart from this, it has been submitted that the nephew/informant has agreed not to prosecute the petitioner any further. It appears that the genesis of the occurrence is something else and not the attempt on the part of the petitioner to commit theft of the motorcycle.

Regard being had to the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 9th Darbhanga in connection with Baheri P.S. Case No. 154 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T