Patna High CourtCR. MISC./51041/2017bail granted

Ramashish Yadav v. The State Of Bihar

2017-12-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51041 of 2017 Arising Out of PS.Case No. -434 Year- 2013 Thana -GAYA MUFFSIL District- GAYA ====================================================== Ramashish Yadav, Son of Baudh Yadav @ Din Dayal Yadav, Resident of Village-Gaura, P.S.-Gaya Mufassil, District-Gaya. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Gaya Muffasil P. S. Case No. 434 of 2013 registered under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427 and 504 of the Indian Penal Code. As per the prosecution case, the petitioner is said to have assaulted on the head of the mother of the informant by means of garasa.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case due to land dispute. Though the petitioner is said to have assaulted on the head of the victim by means of garasa but the doctor has found only lacerated wound on the head of the victim caused by hard and blunt substance. Thus, there is no corresponding injury on the person of the deceased. It is further submitted that though the

Patna High Court Cr.Misc. No.51041 of 2017 (03) dt.20-12-2017 - 2 - opinion regarding the nature of aforesaid injury was reserved on 18.07.2013 but no supplementary injury report has been furnished by the doctor up till now. The petitioner has been languishing in custody since 08.08.2017.

In the facts and circumstances of the case, 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 Chief Judicial Magistrate, Gaya in connection with Gaya Muffasil P.S. Case No.434 of 2013.

(Prakash Chandra Jaiswal, J) Trivedi/- U T