Mithlesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.1504 of 2017 (2) dt.18-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1504 of 2017 Arising Out of PS.Case No. -228 Year- 2016 Thana -WAJIRGANJ District- GAYA ====================================================== Mithlesh Yadav, son of Late Ramavtar Yadav, resident of Village- Birne, P.S.- Wazirganj, District- Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Sri Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Wazirganj P.S. Case No. 228 of 2016 registered under Sections 147, 148, 149, 452, 341, 323, 325, 307, 354, 427 and 379 of the Indian Penal Code.

The accusation is that due to election dispute, 14 persons named in the F.I.R. including the petitioner reached at the door of the informant and started to abuse and assault to the informant and his family members. At that time, this petitioner assaulted through lathi causing fracture injury at the hand of Arbind Mishra, uncle of the informant.

Learned counsel for the petitioner submits that, in fact,

Patna High Court Cr.Misc. No.1504 of 2017 (2) dt.18-01-2017 allegation against the petitioner is to cause injury at the hand of uncle of the informant but the said injury is found as simple in nature. It is further submitted that petitioner has no criminal antecedent and he is in custody since 23.08.2016. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Gaya, in connection with Wazirganj P.S. Case No. 228 of 2016. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T