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Patna High CourtCR. MISC./51832/2016bail granted

Jitendra Yadav v. The State Of Bihar

2017-01-30Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 51832 of 2016 Arising out of P.S. Case No. - 97 Year - 2016 Thana - MAIRWA District - SIWAN ====================================================== Jitendra Yadav, Son of Ramayan Yadav, Resident of Village - Upadhya Chhaper, P.S. Mairwa, District Siwan, Permanent Resident of Village Piparpanti, P.S. Guthani, District Siwan .... .... Petitioner

Versus

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

For the Petitioner : Mr. Jagjit Roshan, Advocate For the Opposite Party : Mr. Umanath Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

For trivial dispute, relating to purchase of chicken, the petitioner, allegedly, assaulted with a sharp cutting weapon, first causing injury at the wrist and thereafter at the neck of the informant. The Doctor has found sharp cut wound on the neck of the informant besides at the wrist.

Submission of the petitioner is that there is delay in lodging of the FIR, which is not explained. Moreover, the informant had changed his statement in the re-statement before the police to the extent that ornament of rupees seven thousand was

Patna High Court Cr.Misc. No.51832 of 2016 (3) dt.30-01-2017 2/2 stolen away by the accused whereas in the FIR, he has stated that cash of rupees seven thousand was stolen away. The petitioner is in custody since 03.07.2016.

Considering the nature of allegation, let the petitioner, above named, be enlarged on bail, after completion of nine months in custody, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Siwan/successor Court in connection with Mairwa Police Station Case No. 97 of 2016 corresponding to G.R. No. 2432 of 2016. Kundan (Birendra Kumar, J) U T