Anuj Yadav @ Anoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47247 of 2017 Arising Out of PS.Case No. -377 Year- 2016 Thana -WAJIRGANJ District- GAYA ====================================================== Anuj Yadav @ Anoj Yadav son of Sarju Yadav , R/o Vill.-Ichva, P.S.Wazirganj, Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Asgher Najmi For the Opposite Party/s : Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 28-11-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 19.04.2017 in connection with Wazirganj P.S.Case No.377/16 for the offences under Sections 307 and other allied Sections of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while the father of the informant had gone to lodge a case against the petitioner's side of earlier assault bearing Wazirganj P.S.Case No.374/16 the petitioner along with five others came variously armed with weapons and started assaulting her father. Specific allegation upon the petitioner is of giving farsa blow on the father

Patna High Court Cr.Misc. No.47247 of 2017 (4) dt.28-11-2017 2/3 of the informant on his neck.

It has been submitted by the learned counsel for the petitioner that he is innocent and he has been falsely implicated in the aforesaid case. He submits that there was free fight between the parties and the petitioner lodged Wazirganj P.S.Case No.378/16 against the informant's side on the same day. He submits that charge sheet has already been submitted and that there is no allegation of tampering of the prosecution witnesses by the petitioner.

However, learned A.P.P. opposed the prayer for bail stating therein that petitioner has specifically given farsa blow on the neck of the father of the informant and injury has been found to be grievous in nature.

Considering the facts and circumstances as well as period of detention in custody and charge sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Gaya, in Wazirganj P.S.Case No.377 of 2016 subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient

Patna High Court Cr.Misc. No.47247 of 2017 (4) dt.28-11-2017 3/3 immovable property within the jurisdiction of the concerned court.

(2) The petitioner will not induce any witness or tamper with the evidence.

(Nilu Agrawal, J) AnilKrSinha/- U