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Patna High CourtCR. MISC./35429/2017bail granted

Naresh Yadav v. The State Of Bihar

2017-07-31Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.35429 of 2017 (2) dt.31-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35429 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -NARDIGANJ District- NAWADA ======================================================

1. Naresh Yadav, son of Late Lakhan Yadav, Resident of Village- Hiraman Bigha, P.S.- Nardiganj, District- Nawada .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Nardiganj P.S. Case No. 05 of 2017 instituted for the offence under Sections-307, 379, 354(a) & other minor Sections of the Indian Penal Code. It has been submitted that occurrence took place due to dispute on the point of irrigation of land. There has been free fight between the parties. The petitioner also got registered Nardiganj P.S. Case No. 09 of 2017 against the informant and his other family members and in that occurrence, this petitioner sustained injuries which has been annexed as Annexure-3 wherein the doctor has found the injury grievous in nature. There is allegation against this petitioner of assaulting Chandra Yadav @ Ramchandra Yadav with iron rod causing

Patna High Court Cr.Misc. No.35429 of 2017 (2) dt.31-07-2017 injury on his person. The injury report of Ramchandra Yadav is annexed as Annexure-2 to this petition wherein the doctor has found injury No. 2 haemorrhage on right eye to be grievous in nature caused by hard and blunt substance.

In such circumstances, looking into fact that there is free fight between the parties and the petitioner has also sustained injury, for which, he has lodged Nardiganj P.S. Case No. 09 of 2017 against the informant and his other family members, prayer for bail is allowed. The petitioner named above 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 in connection with Nardiganj P.S. Case No. 05 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to condition that both the bailors should be close relative of the petitioner. (Sanjay Priya, J) A.K.V./- U T