Mithilesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.38995 of 2016 (3) dt.05-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38995 of 2016 Arising Out of PS.Case No. -122 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Mithilesh Yadav son of Ram Prit Yadav, resident of Village- Navtoli, Basuara, P.S. Madhubani Town, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 05.10.2016 Supplementary affidavit is filed on behalf of the petitioner bringing his criminal antecedent on record.

Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State assisted by learned counsel for the informant.

Petitioner seeks bail in a case registered under section 307 and other minor sections of the Indian Penal Code. Petitioner is said to have assaulted the injured- Ranjit Pandit by means of Farsa causing injury on his head but subsequently, informant claims that one Jitendra Yadav also assaulted injuredRanjit Pandit by means of Katta causing injury on his head. Learned counsel for the petitioner drew my attention towards annexure 3 to the petition and submitted that injured- Ranjit Pandit sustained only one injury on his head that is, too, simple in nature.

Patna High Court Cr.Misc. No.38995 of 2016 (3) dt.05-10-2016 Learned counsel appearing for the informant submitted that earlier petitioner suppressed his criminal antecedent, though by filing supplementary affidavit, he has brought his criminal antecedent on record and the aforesaid supplementary affidavit was filed when the informant raised objection regarding the above stated statement made in para 3 of the petition. It is further submitted that the petitioner was convicted under section 304B of the Indian Penal Code. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Madhubani Town P.S. Case no. 122/2016. shahid (Hemant Kumar Srivastava,J) U T