Rajendar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45555 of 2019 Arising Out of PS. Case No.-448 Year-2018 Thana- TRIVENIGANJ District- Supaul ====================================================== Rajendar Yadav S/o Kamleshwari Yadav R/o Village- Malhnama, P.S.- Triveniganj, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 342, 323, 324, 504, 354B, 307, 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons were harvesting crops planted in the field of informant. The said act was protested by the informant as a result of which, the accused persons having formed unlawful assembly, abused the husband of the informant and in consequence thereof, informant's husband was assaulted with rod.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 28-05-2019.

Patna High Court CR. MISC. No.45555 of 2019(2) dt.24-07-2019 2/2 Charge sheet has already been submitted. The date of occurrence is 08-11-2018. F.I.R. has been instituted on 15-112018. Delay in lodging the FIR has not been explained by the prosecution. The injury report is dated 05-11-2018 which is prior to the date of occurrence.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Supaul in connection with Triveniganj P.S. Case No. 448 of 2018.

(Sudhir Singh, J) A.K.V.//- U T