← Library
Patna High CourtCR. MISC./55344/2017bail granted

Narayan Yadav v. The State Of Bihar

2017-11-17Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55344 of 2017 Arising Out of PS. Case No.-93 Year-2017 Thana- SUPAUL District- Supaul ====================================================== Narayan Yadav, son of Late Baldeo Yadav, resident of village - Bishanpur (Ward no. - 2 ) , P.O. - Laudh, P.S. and District - Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Arun Kumar Jha For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2017 Heard Sri Arun Kumar Jha, learned counsel for the petitioner and learned Additional Public Prosecutor.

The sole petitioner, who is in custody since 17.08.2017 in Supaul P.S. Case No. 93 of 2017, registered for the offence under Section 147, 148, 149, 447, 341, 323, 324, 307 and 504 of the Indian Penal Code, 1860 , has prayed for grant of bail. At the very outset, by way of referring to the statement made in paragraph no. 3 of the petition it was submitted by learned counsel for the petitioner that petitioner is having clean antecedent. He further by way of referring to the F.I.R. submits that in the F.I.R. there is allegation against the petitioner that he gave "dabiya" blow on the head of the father of the informant, but during examination by doctor the allegation has not been substantiated. Learned counsel for the petitioner has also drawn my attention to the copy of injury report , which has been brought on record vide Annexure -2 at page

Patna High Court Cr.Misc. No.55344 of 2017(2) dt.17-11-2017 2/2 no. 17 and submits that injuries were found simple in nature and weapon was indicated by doctor as hard and blunt substance . He further submits that admittedly there is land dispute in between the parties and due to the said reason entire family members of the petitioner have been made accused.

Considering the accusation made in the F.I.R. , Annexure- 2 to the petition i.e. injury report , clean antecedent of the petitioner as well as the fact that there was land dispute in between the parties, let the petitioner Narayan Yadav be enlarged 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 learned Chief Judicial Magistrate, Supaul / concerned court in connection with Supaul P.S. Case No. 93 of 2017 .

(Rakesh Kumar, J) praful/- U T