Fultun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7192 of 2017 Arising Out of PS.Case No. -377 Year- 2016 Thana -WAJIRGANJ District- GAYA ====================================================== Fultun Yadav, S/o Ramdeo Yadav, R/o village - Ichuya, P.S. Wazirganj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Onkar Nath, Advocate For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 08.12.2016 in connection with Wazirganj P.S. Case No. 377 of 2016 registered for the offence punishable under Sections 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code. The prosecution case is that there was a fight between both parties for which informant lodged a First Information Report earlier. The petitioner along with five other co-accused came to the house of the informant and one Anoj hit the father of the informant by farsa, as a result of which he was injured. The other accused persons including the petitioner were also armed with weapons and tried to outrage the modesty of the informant

Patna High Court Cr.Misc. No.7192 of 2017 (2) dt.06-03-2017 2/2 and took away certain house hold articles and cash. It has been submitted by the learned counsel for the petitioner that he is innocent and there was a civil dispute between the parties. They belong to the same family tree and there is no allegation against the petitioner of assault. It has been submitted that in fact there was a fight between both parties and petitioner's side was also injured for which Wazirganj P.S. Case No. 378 of 2016 has been lodged against the informant's side. However, learned A.P.P. for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Gaya in connection with Wazirganj P.S. Case No. 377 of 2016. (Nilu Agrawal, J.) Arjun/- U T