Sunil Yadav @ Saburi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15359 of 2017 Arising Out of PS.Case No. -329 Year- 2016 Thana -BAHERA District- DARBHANGA ======================================================

1. Sunil Yadav @ Saburi Yadav Son of Ram Babu Yadav, Resident of Village- Motipur, P.S.- Bahera, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Das For the Opposite Party/s : Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-05-2017 Heard both sides.

The petitioner seeks bail in Bahera P.S. case No. 329 of 2016 under Section 307 and other Sections of the Indian Penal Code and under Section 3⁄4 of Explosive Substance Act. The informant, Bindeshwar Yadav, alleged that while he along with his nephew was coming, Manoj Yadav dashed the nephew of the informant and his nephew fell down on the ground. There was some scuffle between them. It is further alleged that Manoj Yadav and other came and assaulted the informant and his nephew. The petitioner is said to have assaulted the nephew of the informant with knife on his cheek. The informant also got injury on his head.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.15359 of 2017 (3) dt.19-05-2017 2/2 there is land dispute between the two sides. A complaint case is filed on behalf of the petitioner. On account of assault made by the petitioner the nephew of the informant was treated in DMCH, Darbhanga.

It appears from the injury report that one stab wound on left side of cheek was found deep up to mouth cavity. Other injuries are simple in nature. The petitioner is alleged to have stabbed the nephew of the informant and he got one stab injury on his cheek but for that the petitioner is in jail since 04.12.2016. The petitioner has already remained in jail for more than five and half months.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the above named petitioner is directed to be enlarged 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 Additional Chief Judicial Magistrate, Benipur, Darbhanga in Bahera P.S. Case No. 329 of 2016.

(Prabhat Kumar Jha, J) BKS/- U T