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Patna High CourtCR. MISC./23470/2020allowed

Mantu Yadav v. The State Of Bihar

2020-11-02Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23470 of 2020 Arising Out of PS. Case No.-153 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== Mantu Yadav aged about 22 years, Sex-Male, Son of Bhuteli Yadav Resident of Village - Tiwari Tola, P.S.- Kateya, District - Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Arbind Kumar Singh, Advocate For the Opposite Party :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-11-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Kateya P.S. Case No.153 of 2020 for the offence under Sections 341, 323, 324, 325, 307/34 of the Indian Penal Code and Section 37(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel appearing on behalf of the petitioner submits that although there is allegation of assault against the petitioner but nature of injury was found to be simple. Learned counsel further submits that there is no allegation of repetition of blow on the injured and as such, Section 307 of the IPC is not attracted. Both the parties are next door neighbours. Petitioner is in custody since 23.05.2020.

Patna High Court CR. MISC. No.23470 of 2020(3) dt.02-11-2020 2/2 Considering the aforesaid fact situation, the Court is inclined to grant bail to the petitioner. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) with two sureties of the like amount each to the satisfaction of Additional District JudgeII-cum-Special Judge, Excise, Gopalganj in connection with Kateya P.S. Case No.153 of 2020.

(Anil Kumar Upadhyay, J) BT/- U T