Nand Lal Yadav @ Nand Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.16487 of 2017 (3) dt.04-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16487 of 2017 Arising Out of PS.Case No. -67 Year- 2016 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Nand Lal Yadav @ Nand Kumar Yadav, Son of Late Vishwanath Yadav, resident of Village- Sabbalpur, P.S.- Pirpainty, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. Sri Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Pirpainty P.S. Case No. 67 of 2016, registered under Sections 147, 148, 149, 323, 324, 307, 504 and 379 of the Indian Penal Code. The accusation is that the informant, Deoki Yadav, along with his son, Laxmn Yadav, was coming to his house from the market. In the way, nine persons named in the F.I.R. including the petitioner started to cause assault to them. At that time, this petitioner gave Farsa blow at the head of Laxman Yadav, son of the informant, whereas co-accused, Arbind Yadav, pointed pistol at the head of the informant and all accused caused injury through lathi and danda.

Patna High Court Cr.Misc. No.16487 of 2017 (3) dt.04-08-2017 Learned counsel for the petitioner submits that occurrence took place due to land dispute, in which, co-accused, Mukesh Yadav, also sustained injury, regarding which, Pirpainty P.S. Case No. 68 of 2016 is instituted on the basis of the written report of Mukesh Yadav. Further submission is that while two injuries were found on the person Laxman Yadav, son of the informant, out of which, one was abrasion and other was stitched would but the opinion regarding injury is not detailed in the case diary. 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-XI, Bhagalpur, in connection with Pirpainty P.S. Case No. 67 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T