Manoj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28391 of 2019 Arising Out of PS. Case No.-23 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== MANOJ YADAV S/O Ramsogarth Yadav @ Ramswarth Yadav, Resident of Village- Ghorghatta, P.S.- Bahadurpur (Fekla O.P.), District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gyanendra Kumar Singh, Advocate.

For the informant :

Mr. Md. Shahnawaz Ali, Advocate.

Mrs. Jahan Ara, Advocate.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner, counsel for the informant and the State.

The petitioner seeks bail in Bahadurpur (Fekla O.P.) P.S. Case No. 23 of 2019, instituted for the offence under Section(s) 147, 148, 149, 323, 324, 325, 354, 353, 307, 386 and 504 of Indian Penal Code.

Counsel for the petitioner submits that due to land dispute, there is case and counter case between the parties. Counter case vide Bahadurpur (Fekla O.P.) P.S. Case No. 24 of 2019 (Annexure-3) has been filed by wife of the petitioner against husband of the informant and others.

It is alleged in the written report that petitioner assaulted Bhuneshwar Yadav with Farsa on his neck. He saved

Patna High Court CR. MISC. No.28391 of 2019(2) dt.02-05-2019 2/3 the blow with his hand. Thereafter, co-accused Baidyanath Yadav assaulted him with Garanasa causing injury in his head and hand.

The injury report of Bhuneshwar Yadav has been enclosed as Annexure-2 wherein the Doctor has found the injury on his head and hand. The aforesaid injury has been attributed to be caused by Baidyanath Yadav.

The Petitioner is alleged to have assaulted Bhuneshwar Yadav with Farsa on his neck, but he saved the blow with his hand. As such no injury has been caused in head on account of assault by petitioner. The Doctor has found only injury on head and hand of injured which is attributed to Baidyanath Yadav.

Petitioner is in custody since 8.3.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 each to the satisfaction of learned Sub Divisional Judicial Magistrate, Darbhanga, in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 23 of

Patna High Court CR. MISC. No.28391 of 2019(2) dt.02-05-2019 3/3 2019, subject to the condition that both the bailors will be close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T