Jitendra @ Disco Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53732 of 2017 Arising Out of PS.Case No. -179 Year- 2015 Thana -DULHIN BAZAR District- PATNA ====================================================== Jitendra @ Disco Yadav, Son of Rameshwar Yadav, resident of village - Pansuhi, P.S.-Dulhin Bazar, District-Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate. For the Opposite Party/s : Smt. Sharda Kumari, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Dulhin Bazar P.S. Case No. 179 of 2015 registered under Sections 147, 148, 149, 341, 323, 325 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is said to have assaulted on the right hand of he informant by means of fire arm.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. As a matter of fact, the informant has filed this false and frivolous case in order to save his skin from the case filed by the brother of the petitioner against the informant and others regarding the same date of occurrence. The doctor in the preliminary injury report has

Patna High Court Cr.Misc. No.53732 of 2017 (2) dt.09-11-2017 2/2 reported regarding lacerated wound on the right hand of the informant of dimension of 1⁄4" x 1⁄4" x 1⁄4". He has neither mentioned as to whether the said injury was with blackening or charring mark nor weapon used in the assault. Moreover, the doctor has not furnished supplementary injury report. The petitioner has been languishing in custody since 23.08.2017. Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Additional Chief Judicial Magistrate-III, Danapur in connection with Dulhin Bazar P.S. Case No. 179 of 2015.

(Prakash Chandra Jaiswal, J.) Mishra/- U T