Patna High CourtCR. MISC./22011/2018bail granted

Chandan Yadav @ Bindeshwari Yadav @ Chandeshwari Yadav v. The State Of Bihar

2018-05-22Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22011 of 2018 Arising Out of PS.Case No. -238 Year- 2017 Thana -BALIA District- BEGUSARAI ====================================================== Chandan Yadav @ Bindeshwari Yadav @ Chandeshwari Yadav Son of Opi Yadav R/o Village- Phulwariya, P.S. Ballia, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravindra Kumar, Advocate For the Opposite Party : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 341, 323, 307/34 IPC and 27 Arms Act. Learned counsel for the petitioner submits that the allegation of causing fatal injury on the right wrist of the informant is not corroborated by the injury report. He submits that the FIR has been lodged after unexplained delay of 19 days of the occurrence. Similarly situated co-accused Deep Kamal Yadav against whom there is allegation of causing fire arm injury on the right arm has already been granted bail vide order dated 27.4.2018, passed in Cr Misc No. 19338 of 2018. Prior to the lodging of this case, he is not accused in other case. Petitioner is in custody in connection with this case since 6.2.2018.

Patna High Court Cr.Misc. No.22011 of 2018 (2) dt.22-05-2018 2/2 In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Begusarai in Ballia Police Station Case No. 238 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

(b) He/she will be well represented on each date and if he/she fails to do so on two consecutive dates, his/her bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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