Ram Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39552 of 2020 Arising Out of PS. Case No.-7 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== Ram Naresh Yadav, S/o Yogendra Yadav, R/o Village- Surauli Ward No. 2, P.S.- Vibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 19-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Vibhutipur P.S. Case No.07 of 2020 for the offence punishable under Sections 147, 148, 149, 307, 323, 341, 379 of the Indian Penal Code.

In the process of assault by accused persons in a dispute relating to preparation and entries in a field book regarding land measurement, the petitioner is alleged to have assaulted on the head of the informant by means of a wooden frame.

It is submitted by the petitioner's counsel that the victim of assault has suffered several injuries on the head. Only one injury is attributed to the petitioner by wooden frame. Other

Patna High Court CR. MISC. No.39552 of 2020(2) dt.19-02-2021 2/3 co-accused persons were allowed the privilege of anticipatory bail. As per the prosecution case, the assault has occurred in a dispute regarding the measurement of the land. The same was at the spur of the moment and the petitioner continues to be in custody since 27.07.2020. He has no criminal antecedents. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, 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 the learned A.C.J.M.-II, Samastipur, in connection with Vibhutipur P.S. Case No.07 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail

Patna High Court CR. MISC. No.39552 of 2020(2) dt.19-02-2021 3/3 bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T