Bijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49986 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -MURLIGANJ District- MADHEPURA ====================================================== Bijendra Yadav, Son of Late Rameshwar Yadav, Village - Rampur, P.S. - Murliganj, District - Madhepura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s : Mr. Sadanand Paswan, Spl. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Murliganj P.S. Case No. 111 of 2015 registered for offences under Sections 341, 323, 324, 307, 354, 379 and 504 of the Indian Penal Code and Section 3(1)(x) and 2(v) of SC/ST (Prevention of Atrocities) Act.

In this case, the allegation has been made against the petitioner and others, who have formed a group of unlawful assembly and have assaulted the informant and other family members.

The counsel for the petitioner submits that the petitioner is in custody since 14.08.2015. It has been alleged in the fardbeyan that the present petitioner has given a blow on the head of the son of the informant by dabiya causing injury on his head. The

Patna High Court Cr.Misc. No.49986 of 2015 (2) dt.09-11-2015 2/2 Counsel for the petitioner has drawn my attention to Annexure-3, which shows the injury is simple in nature. There is case and counter case on both sides and some persons have been granted bail.

Looking to the facts and circumstances of the case, let the petitioner Bijendra Yadav, be released on bail on his 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, Madhepura in connection with Murliganj P.S. Case No. 111 of 2015, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Vats/- U T