Prakash Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.24660 of 2017 (3) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24660 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -MATIARIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Prakash Yadav Son of Bachan Yadav R/o Sherpur Bairiya Tola, P.S. - Matiyariya, Dist - West Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks bail in connection with Matiyaria P.S. Case No. 16 of 2017 registered for the offences punishable under Sections 447, 341, 323, 324, 307, 354, 379, 504/34 of the Indian Penal Code.

Allegedly, the petitioner assaulted with Farsa which hit left side of forehead of the informant and others assaulted with other weapons.

Submission is of false implication and that three injuries have been found on the person of the informant and all are simple caused by hard and blunt substance. The informant received injury due to fall in altercation and as such the petitioner deserves sympathetic consideration. The petitioner is suffering in custody

Patna High Court Cr.Misc. No.24660 of 2017 (3) dt.05-07-2017 since 16.04.2017.

Learned APP opposes the prayer of bail by submitting that on vital part the injury has been caused though simple in nature.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. III, Bettiah, West Champarn in connection with Matiyariya P.S. Case No. 16 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T