Prasad Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.40060 of 2017 (2) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40060 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -MATIARIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Prasad Yadav, Son of Balchan Yadav, Resident of Sherpur Bairiya Tola, P.S. - Matiyariya, Dist - West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Matiyariya P.S. Case No. 16 of 2017, registered under Sections 447, 341, 233, 324, 307, 354, 379 and 504/34 of the Indian Penal Code.

The accusation is that three persons named in the F.I.R. including the petitioner having armed with lathi, Farsa and Bhala came at the door of the informant, Ramashish Yadav and Prakash Yadav gave Farsa blow at the forehead of the informant. At that time, this petitioner gave Bhala blow at his left check whereas Balchand Yadav started to cause injury through lathi.

Patna High Court Cr.Misc. No.40060 of 2017 (2) dt.18-09-2017 When his wife rushed to save him then she was also assaulted and Prakash Yadav torn blouse of his wife.

Learned counsel for the petitioner submits that while the allegation has been made against the petitioner to cause Bhala blow at the check of the informant but only three lacerated injures were found on the person of the informant. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-III, Bettiah, West Champaran, in connection with Matiyariya P.S. Case No. 16 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T