Dinesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68392 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== Dinesh Yadav Son of Late Hulay Yadav Resident of Village - Bhairopatti, Ward No.11, P.s.- Murliganj, Distt.- Madhepura. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad, Advocate.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-07-2022 Let the defect, if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in anticipation of arrest in connection with Murliganj P.S. Case No. 117 of 2021 lodged under Sections 447, 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
The prosecution case is that the informant Pankaj Yadav has alleged that due to land dispute 6 named persons of the same village has visited and started assaulting. It has been alleged they all have assaulted the brother of the informant Shankar Yadav and his brother-in-law of Mukesh Yadav by lathi. The allegation of taking Rs. 500/- from the pocket of the
Patna High Court CR. MISC. No.68392 of 2021(3) dt.27-07-2022 2/3 informant was also made.
Learned counsel for the petitioner submits that petitioner is a matured person and there is admitted land dispute between the families of both the informant and petitioner. It has been further alleged by the petitioner that he has been made accused absolutely on false ground, land dispute is admitted by the informant himself and the injury as alleged by the said occurrence was all simple in nature which is apparent from (Annexure - 2 series).
Learned counsel for the petitioner further submits that the accused is belonged to respective family and farmer of the locality. He also submits that he shall appear on each and every date whenever the court called to appear.
Learned counsel for the petitioner submits that by the said occurrence more than one persons have become injured but the injury report is showing that all injuries are simple in nature. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.68392 of 2021(3) dt.27-07-2022 3/3 the satisfaction of learned Additional Chief Judicial MagistrateII, Madhepura in connection with Murliganj P.S. Case No. 117 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.
B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J) guddu/- U T