Patna High CourtCR. MISC./55648/2016allowed

Ayodhya Prasad v. The State Of Bihar

2017-03-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55648 of 2016 Arising Out of PS.Case No. -208 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ayodhya Prasad, son of Late Shankar Prasad, resident of VillageMatiyaria, P.S.- Lauriya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-03-2017 Heard both sides.

The petitioner seeks bail in Chautarwa P.S. Case No. 208/2016, registered for the offences punishable under Sections 307 and other Sections of the Indian Penal Code. The informant named the petitioner along with other accused persons. It is alleged that the petitioner assaulted Sanjay Prasad, brother of the informant, with Tangi on his head. Radhe Shyam Prasad is also alleged to have assaulted Sanjay Prasad with Farsa on his head, but there is only one injury. Of course, the injury is opined to be grievous in nature as frontal bone was found fractured.

Learned Additional P.P. opposed the prayer for bail.

Patna High Court Cr.Misc. No.55648 of 2016 (3) dt.02-03-2017 2/2 From perusal of the record, it appears that firstly Radhe Shyam Prasad alleged to have assaulted the brother of the informant with Farsa on his head and thereafter the petitioner is alleged to have repeatedly assaulted the brother of the informant on his head with Tangi, but only one injury was found. The petitioner is also alleged to have assaulted Jitendra Prasad, son of the informant, but the injury found on the son of informant is simple in nature. There is counter version. The petitioner is in jail since 23.10.2016.

Considering the facts aforesaid, the petitioner above named is directed to 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 the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Chautarwa P.S. Case No. 208/2016.

(Prabhat Kumar Jha, J.) Rakhi U T