Bijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25967 of 2019 Arising Out of PS. Case No.-1244 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== BIJENDRA YADAV Son of Late Bindeshwari Yadav Resident of MohallaKailu Chowk, Gangjala, Ward No.- 12, P.S. and District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Saharsa (Sadar) P. S. Case No. 1244 of 2018 instituted for the offence under Section(s) 147,148,149, 341, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code.

Learned counsel for petitioner submits that there is specific allegation against co-accused Suraj Yadav for causing knife injury on the right eye of the informant. It is also alleged that co -accused Birendra Yadav caused repeated knife injury on the father of the informant.

In the written report, it is alleged that informant had altercation with Suraj Yadav for stealing the battery of Erickshaw. It is alleged that on such altercation, co-accused Suraj

Patna High Court CR. MISC. No.25967 of 2019(3) dt.10-07-2019 2/3 Yadav gave knife blow to the informant on his right eye. The brother and father of informant came to his rescue then they were also assaulted. It is also alleged that father of informant was assaulted by three persons including this petitioner by means of knife, as a result of which, he sustained injury on his body and thereafter Puja Devi gave dagger in the hand of Birender Yadav who gave knife blow to the father of the informant, on account of which, father of informant sustained injury and subsequently he was taken to Sadar Hospital for treatment where he died.

Case diary has been received, wherein, the postmortem report of deceased is available, wherein, the doctor has found two injuries on the person of deceased over the lower chest on the level of 6th and 7th ribs. In the written report there is specific allegation against co- accused Birendra Yadav of causing repeated knife injury to the father of the informant causing injury to him.The doctor has found two injuries on the person of the deceased. Petitioner is in custody since 30.11.2018.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.25967 of 2019(3) dt.10-07-2019 3/3 each to the satisfaction of the CJM, Saharsa, in connection with Saharsa (Sadar) P. S. Case No. 1244 of 2018 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T