Patna High CourtCR. MISC./46006/2016bail granted

Uday Chandra Yadav And ANR v. The State Of Bihar

2016-10-21Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.46006 of 2016 (2) dt.21-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46006 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -MAHISI District- SAHARSA ====================================================== Uday Chandra Yadav son of Surya Narayan Yadav

2. Bihari Yadav son of late Mohan Yadav Both resident of village Bhanthi PS Mahisi Dist. Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Pravesh Nath Tiwari For the Opposite Party/s Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 21.10.2016 Learned counsel for the petitioners is permitted to make necessary correction in paragraph 8 of the petition within the course of the day.

Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

Petitioners seek bail in a case registered under section 307, 436 and other minor sections of the Indian Penal Code. Petitioners are said to have assaulted the informant and others. It is the case of the prosecution that petitioner no.2 gave farsa blow causing head injury to the informant but annexure 2 to the petition goes to show that informant sustained simple injury on his head said to be caused by hard and blunt substance. So far as petitioner no.1 is concerned, it is alleged that he set the house of the informant on fire but submission on behalf of the

Patna High Court Cr.Misc. No.46006 of 2016 (2) dt.21-10-2016 petitioners is that police, after due investigation, submitted charge sheet for the offences punishable under section 435 and other sections of the Indian Penal Code.

It is also submitted on behalf of the petitioners that there is case and counter case between the parties and persons from both sides sustained injuries and moreover, petitioners are in jail custody since 8.8.2016.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in Mahisi P.S. Case no. 95/2015.

shahid (Hemant Kumar Srivastava,J) U T