Chit Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57717 of 2015 Arising Out of PS.Case No. -29 Year- 2015 Thana -KISHUNPUR District- SUPAUL ======================================================
1. Chit Narayan Yadav Son of Late Fanilal Yadav, Resident of villageChikani, P.s.- Kisanpur, District- Supaul .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Saxena For the Opposite Party/s : Mr. D.P. Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-03-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 341, 342, 323, 324, 307, 379 and 34 of the I.P.C Allegedly, Arvind Kumar Yadav, the son of the informant, was called by Most. Nirmala Devi in her courtyard and thereafter when Arvind Kumar Yadav went there he was assaulted by all the FIR named accused persons and the petitioner gave farsa blow and further Santosh Kumar took away Rs. 40,000/- from the pocket of Arvind Kumar Yadav and Ravindra Yadav snatched gold chain from his neck.
Submission is of false implication and that there is case and counter case, in the fardbeyan there appears manipulation
Patna High Court Cr.Misc. No.57717 of 2015 (3) dt.11-03-2016 2/2 as 16.02.2015 has been changed as 15.02.2015 but in the case diary vide paragraph-1 it is mentioned as 16.02.2015, there was no intention to commit murder, no motive has been assigned and as such the petitioner who is suffering in custody since 02.11.2015 deserves sympathetic consideration as charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence, the injury found on the person of the injured is not dangerous to life.
The learned A.P.P. submits that on the occipital region of the head injury has been found.
In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to 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 C.J.M. Supaul in Kisanpur P.S. Case No. 29 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T