Bishwanath Yadav @ Bishwanath Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30706 of 2016 Arising Out of PS.Case No. -283 Year- 2015 Thana -DHANARUA District- PATNA ======================================================

1. Bishwanath Yadav @ Bishwanath Prasad S/o of Siya Yadav @ Shiv Sharan Yadav resident of Village-Teteri Chak , P.S. - Dhanarua, DistrictPatna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel, appearing for the informant.

Petitioner seeks bail in a case registered under Sections-307, 379, 354(B), 325, 323, 341, 147, 149 of the Indian Penal Code.

There is allegation that the petitioner gave single Khanti blow, causing head injury to the injured. The impugned order of the court below goes to show that the informant sustained grievous injury but learned counsel, appearing for the petitioner submits that the learned Additional Sessions Judge has referred paragraphs-21, 22 & 23 of the case diary to show that the injured sustained grievous injury but the

Patna High Court Cr.Misc. No.30706 of 2016 (2) dt.09-08-2016 2/2 aforesaid paragraphs reveal otherwise and in the aforesaid paragraphs, the investigating officer has only mentioned Annexure-2 series of the petition and the Annexure-2 series of the petition do not show that the informant had sustained grievous injury on his head. Moreover, the present occurrence appears to have taken place on account of land dispute and there is counter case also.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dhanarua P.S. Case No. 283 of 2015 to the satisfaction of Sri Niraj Kumar Tyagi, J.M.-Ist Class, Masaurhi, District-Patna.

(Hemant Kumar Srivastava, J) A.K.V./- U T