Baliram Yadav @ Balram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7654 of 2017 Arising Out of PS.Case No. -228 Year- 2016 Thana -WAJIRGANJ District- GAYA ======================================================
1. Baliram Yadav @ Balram Yadav, son of Binda Yadav, resident of village- Birney, P.S.- Wazirganj, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rama Kant Singh, Advocate For the Opposite Party/s : Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 27-03-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Wazirganj P.S. Case No.228 of 2016 instituted for the offence under Section(s) 147, 148, 149, 452, 341, 323, 325, 307, 354, 427, 379 Indian Penal Code and Section 27 of the Arms Act. As per written report, this petitioner assaulted the uncle of the informant, Nagendra Mishra, with Gandasi on his head causing cut injury. Thereafter, Raju Yadav assaulted with iron rod on the hand of the informant's uncle causing fracture in his right hand.
Injury report of Nagendra Mishra (uncle of the informant) is mentioned in para 25, wherein, the doctor has found
Patna High Court Cr.Misc. No.7654 of 2017 (4) dt.27-03-2017 2/2 one incised wound on left side of skull 11⁄2" x 1" x 1⁄2", which was later on found by the doctor to be simple in nature as per the opinion of the doctor mentioned in para 48 of the case diary. In this manner, from the Injury Report itself, it appears that there is only single blow given by this petitioner and that injury was found to be simple in nature. One co-accused, Sri Ram Yadav, with similar allegation has already been granted anticipatory bail by this Court by order dated 17.01.2017 passed in Cr. Misc. No.1417 of 2017. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Wazirganj P.S. Case No.
228 of 2016 he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Gaya, subject to the conditions as laid down under Section 438(2) Cr. P. C.
(Sanjay Priya, J) JA/- U T