Binay Yadav @ Vinay Yadav @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37148 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -LAXMIPUR District- JAMUI ======================================================

1. Binay Yadav @ Vinay Yadav @ Vinay Kumar, Son of Sri Raj Kumar Yadav, Resident of Village- Singhiya, P.S.- Laxmipur, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2017 The petitioner seeks regular bail in connection with Laxmipur P.S. Case No. 210 of 2016, registered for offences punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

Allegation against the petitioner is of assaulting the brother of the informant.

It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against the petitioner and further though there is allegation against the petitioner is of assault to the brother of the informant, however, the injuries caused on the person of the brother of informant was found to be simple in nature. Further petitioner has been in judicial custody since 06.07.2017 and as petitioner is a student he has to

go Chennai for participating in counseling for admission in I.T.I. and, therefore, he may be granted the privilege of bail. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also that the injuries causing to the brother of the informant was found to be simple in nature, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM - III, Jamui, in connection with Laxmipur P.S. Case No. 210 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on any date without showing any genuine reasons and apart from that petitioner shall also mark his

attendance before the police on each month, failing which, the prosecution will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T