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Patna High CourtCR. MISC./70245/2018bail granted

Vishnu Kumar @ Vishnu Bhagat And ANR v. The State Of Bihar

2018-12-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70245 of 2018 Arising Out of PS. Case No.-207 Year-2017 Thana- TRIVENIGANJ District- Supaul ======================================================

1. Vishnu Kumar @ Vishnu Bhagat, Son of Indra Narayan Bhagat, Resident of Village- Patraghati, P.S.- Triveniganj, Dist- Supaul.

2. Ashish Yadav, S/o Sheo Chandra Yadav, R/o Village- Dumaria, P.S.- Triveniganj, Dist- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Akhouri Vipin Bihari Shrivastava For the Opposite Party/s :

Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail in Connection with Triveniganj P.S. case No. 207/2017, Sessions Trial No. 165/2018 instituted for the offence under Section(s) 341, 323, 324, 307, 354,504 and 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that F.I.R. has been lodged on 24.06.2017 whereas occurrence is said to have taken place on 22.06.2017.

It is alleged in the written report that on the date of occurrence informant was crossing from Pattarghatti Road, Triveniganj Market then three boys came and forcibly took her behind bush. On alarm, one person, namely, Nageshwar Yadav came to save her. Thereafter at the instance of Vishnu Kumar

Patna High Court Cr.Misc. No.70245 of 2018(3) dt.05-12-2018 2/2 (petitioner no. 1), Ashish Kumar (petitioner no. 2) gave knife blow to Nageshwar Yadav causing him injury. It is further alleged that petitioner no. 1 snatched watch, golden chain and nose pin of the informant.

Learned counsel for the petitioners has submitted that petitioner no. 2 is alleged to have caused stab injury to Nageshwar Yadav. There is no allegation against petitioner no. 1. Injury report of Nageshwar Yadav is annexed as Annexure-2 wherein doctor has found only one lacerated wound at skull, which is opined to be simple in nature caused by hard and blunt substance. Petitioners are in custody since 02.04.2018.

In the facts and circumstances of the case, prayer of the petitioners for grant of bail is allowed. Let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M, Supaul , in connection with Triveniganj P.S. case No. 207/2017, Sessions Trial No. 165/2018 subject to the condition that both the bailors shall be close relative of the petitioners.

(Sanjay Priya, J) rakhi/- U T