Umesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.1591 of 2017 (2) dt.18-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1591 of 2017 Arising Out of PS.Case No. -158 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ====================================================== Umesh Yadav, son of Sikandar Yadav.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate. For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Sour Bazar P.S. Case No. 158 of 2016 registered under Sections 147, 148, 149, 341, 323, 325, 307, 379, 504 and 506 of the Indian Penal Code.

The accusation against the petitioner is to give Farsa blow at the head of Bijendra Yadav, grandfather of the informant, Vikash Kumar.

Learned counsel for the petitioner submits that occurrence took place due to election dispute, in which, petitioner's side also sustained injury, regarding which, Sour Bazar P.S. Case No. 157 of 2016 is instituted on the basis of written report of co-accused, Surendra Yadav. Further submission

Patna High Court Cr.Misc. No.1591 of 2017 (2) dt.18-01-2017 is that while the allegation against the petitioner is to give Farsa blow at the head of grandfather of informant but two injuries as found on the person of Bijendra Yadav, are caused by hard and blunt substance not by Farsa. It is further submitted that petitioner has no criminal antecedent and is in custody since 02.11.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released 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 the Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar P.S. Case No. 158 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T