Nand Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26130 of 2019 Arising Out of PS. Case No.-306 Year-2017 Thana- CHANPATIA District- West Champaran ====================================================== Nand Kishore Yadav, male aged 35 years, Son of Jhotil Yadav, Resident of Village - Kudwa Mathiya, Pakarihar, P.S.- Chanpatiya, District-West Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Chundeo @ Chudeo Yadav, son of late Yamuna Yadav, R/v- Kudwa Mathiya,Pakarihar, P.S.-Chanpatiya District-West Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarendra Nath Verma, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, A.P.P.

Mr. Rakesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-05-2019 At the very outset, Sri Rakesh Kumar, learned counsel submits that only today he has filed Vakalatnama on behalf of the informant in the Registry.

Heard Sri Amarendra Nath Verma, learned counsel for the petitioner, Sri Lakshmi Kant Sharma, learned Addl. Public Prosecutor as well as Sri Rakesh Kumar, learned counsel , who has appeared on behalf of the informant.

Within short span of time, the petitioner has approached this Court for grant of bail in Chanpatiya P.S. Case No.306 of 2017 registered for the offence under Sections 341, 323, 324, 308, 504, 379/34 of the Indian Penal Code. Earlier, on 18.08.2018, the prayer for bail of the

Patna High Court CR. MISC. No.26130 of 2019(3) dt.08-05-2019 2/2 petitioner was rejected vide Cr.Misc.No.48219 of 2018 considering the fact that there was specific accusation against the petitioner that he had given Dabiya blow. Besides this, the petitioner was having criminal antecedent.

Sri Rakesh Kumar, learned counsel for the informant submits that despite the fact that the case is not compoundable, a compromise petition has been filed before the court below and the informant does not want to pursue the case. Considering the facts and circumstances, the Court is of the opinion that there is no reason to further detain the petitioner. Accordingly, let the petitioner, namely, Nand Kishore Yadav be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No.306 of 2017.

(Rakesh Kumar, J.) nawalkrs/- U T