Nand Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52401 of 2016 Arising Out of PS.Case No. -110 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ====================================================== Nand Kishor Yadav Son of Manghat yadav Resident of Village-Arraha, Ward No.8, P.S.-Sour Bazar, District-Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 22.08.2016 in connection with Sour Bazar P.S. Case No. 110 of 2016 registered for the offence punishable under Sections 147, 149, 341, 323, 324, 354, 379, 427, 504 and 506 of the Indian Penal Code and later on Section 307 of the Indian Penal Code has been added.

The prosecution case, as lodged by the informant, is that he along with his elder brother, Surya Narain Yadav and his son, Agren Yadav and Pankaj Yadav had gone to maize field for irrigation where he saw one Gayatri Devi damaging his maize crop and on objection, said Gayatri Devi called her people,

Patna High Court Cr.Misc. No.52401 of 2016 (2) dt.16-12-2016 2/3 including the petitioner and allegation is that some persons opened fire and assaulted the informant's side. Allegation upon the petitioner is of assaulting Agren Yadav and Surya Narain yadav. It has been submitted by the learned counsel for the petitioner that he is innocent and has been falsely implicated in the aforesaid case. He submits that there was quarrel between both sides for which petitioner's side has lodged Sour Bazar P.S. Case No. 109 of 2016 against the informant's side and the present case is afterthought and counter blast to the said case, which was lodged for the same occurrence. It has further been submitted that the injuries alleged to have been caused by the petitioner on the two persons of the informant's side have been found to be simple and the other, which has been found to be grievous is not on the vital part of the body. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.

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.

Be that as it may, since charge-sheet has already been submitted, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court Cr.Misc. No.52401 of 2016 (2) dt.16-12-2016 3/3 only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Sour Bazar P.S. Case No. 110 of 2016, subject to the condition that one of the bailors would be close relative and other bailor would be a person, who has sufficient immovable properties within the jurisdiction of the concerned police station and that petitioner will appear before the police/ Court below on each and every date and his failure to appear before the learned Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds without being prejudiced with this order.

With these observations and directions, this application stands allowed.

(Nilu Agrawal, J.) Arjun/- U T