Patna High CourtCR. MISC./45082/2014bail granted

Karelal Yadav v. The State Of Bihar

2015-02-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45082 of 2014 Arising Out of PS.Case No. -459 Year- 2014 Thana -KHAGARIA District- KHAGARIA ====================================================== Karelal Yadav, S/o Late Indradev Yadav, village - Nanahku Mandal Tola, P.S. Khagaria ( Muffasil ), Distt. - Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Ms. Ansuiya Jaiswal(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-02-2015 Heard both sides.

The petitioner seeks bail in a case under Section 307 and other sections of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleged that while his father Arun Yadav was constructing house on his land, his brother Karelal Yadav, the petitioner, tried to stop the work and on refusal, the petitioner is alleged to have fired, which hit on the head of Arun Yadav, the father of the informant.

Shri B.P.Pandey, learned Senior Counsel appearing for the petitioner submits that Arun Yadav and the petitioner are full brothers.On account of land dispute, the occurrence took place.

Patna High Court Cr.Misc. No.45082 of 2014 (2) dt.18-02-2015 2/2 It would appear from the report of the Doctor (Annexure 2) at pages 16 and 17 that lacerated wounds were found on the head of Arun Yadav. Injuries are caused by hard and blunt objects and after X-ray the Doctor opined that the injuries are simple in nature as no bony lesion was found. Considering the facts that on account of assault made by the petitioner, simple injury was caused to his brother Arun Yadav and for that the petitioner has remained in jail since 18.7.2014, the petitioner, named above, is directed to be enlarged on bail on furnishing bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Mufasil) P.S. Case No.459 of 2014.

(Prabhat Kumar Jha, J) PNM U T