Nago Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55493 of 2015 Arising Out of PS.Case No. -100 Year- 2015 Thana -PANDARAK District- PATNA ====================================================== Nago Yadav Son of Triloki Yadav Resident of Village- Lemuyabad: Police Station - Pandarak, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Adv. For the Opposite Party/s : Mr. T.N.Thakur(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail custody since 14.09.2015 in connection with Pandarak P.S. Case No. 100/2015 for the offences alleged under Sections 341, 323, 337, 307, 504/34 of the Indian Penal Code.

The prosecution case as alleged by the informant is that ten accused persons including this petitioner on 30.07.2015 at 9 P.M. came to the informant's house. It is alleged that the petitioner along with other co-accused Biku Yadav assaulted his father Karu yadav by rod due to which his father sustained injury on his head and other co-accused Subhash Yadav and Dindayal Yadav assaulted Asharfi Devi by lathi causing injury on her head. It has been submitted by the learned counsel for the petitioner that the injury found on the person of Karu Yadav,

Patna High Court Cr.Misc. No.55493 of 2015 (2) dt.19-01-2016 2/2 alleged to have been inflicted by the petitioner and one Biku Yadav, is not dangerous to life and there is no allegation of repetition of the blow. It has been submitted that there is land dispute between the parties and the witnesses have given divergent statements during the course of investigation. It has been further submitted by the learned counsel for the petitioner that charge-sheet has already been submitted against the petitioner and there is no chance of tampering with the prosecution evidence.

Learned A.P.P. submits that the witnesses have given different versions during investigation.

In the facts and circumstances state above, considering the facts that the co-accused Biku Yadav on similar facts and circumstances has been enlarged on bail vide Cr. Misc. No. 51952/2015 on 11.01.2016 by a co-ordinate bench of this Court, let it is directed that the petitioner 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 the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Pandarak P.S. Case No. 100/2015.

(Nilu Agrawal, J.) Rakhi U T