Pragas Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27915 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- KEOTI District- Darbhanga ====================================================== Pragas Yadav, Son of Late Ram Awatar Yadav, Resident of VillageDhobgama, P.S.-Keoti, District- Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Iqbal Asif Niazi, Advocate For the Opposite Party/s :
Smt. Renu Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 16-05-2018 Heard Mr. Iqbal Asif Niazi, learned counsel for the petitioner, Smt. Renu Kumari, learned Additional Public Prosecutor as well as learned counsel for informant. The sole petitioner, apprehending his arrest in connection with Keoti P.S. Case No. 06 of 2018 , registered for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379 & 504 of the Indian Penal Code, 1860 (hereinafter referred to as the "I.P.C."), has prayed for grant of bail in the event of his arrest or surrender.
Learned counsel for the petitioner submits that ofcourse in the F.I.R. it was alleged as if petitioner had given iron rod blow on wife of informant, during medical examination no
Patna High Court Cr.Misc. No.27915 of 2018(3) dt.16-05-2018 2/3 injury was found on vital portion of the injured and all the injuries were found simple in nature. He further submits that informant of the present case is own brother of petitioner and there was dispute in relation to 'passage' in between the parties. From the petitioner's side also a counter case has been filed and copy of complaint petition has been brought on record as Annexure -'2' to the petition. Learned counsel for petitioner further submits that in view of injury, which was not on vital part, certainly, in this case, there is no reason for application of Section 307 of the I.P.C., otherwise, most of the Sections, which have been incorporated in the F.I.R. are bailable, save and except, some other Sections.
Learned counsel for informant has vehemently opposed the prayer on the plea that there is specific accusation against the petitioner.
Considering the nature of accusation, the fact that petitioner and informant both are full brother and there was case and counter case in between the parties, in the event of his arrest or surrender within a period of six weeks from today, let the sole petitioner namely, Pragas Yadav be enlarged 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
Patna High Court Cr.Misc. No.27915 of 2018(3) dt.16-05-2018 3/3 A.C.J.M. - VII, Darbhanga / concerned court in connection with Keoti P.S. Case No. 06 of 2018 subject to the conditions as contemplated under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J) praful/- U T