Niranjan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60977 of 2019 Arising Out of PS. Case No.-398 Year-2018 Thana- TEKARI District- Gaya ====================================================== NIRANJAN YADAV(age 32 years, Gender-Male), Son of Dani Yadav, Resident of Village-Dariyapur, Police Station-Tekari, District-Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Manish Kumar No. 2,Advocate.

For the Opposite Party :

Mr. Mohammad Sufyan,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-09-2019 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 448, 341, 323, 307, 427, 354 and 379/34 of the IPC.

The prosecution story, in brief, is that on 31.10.2018 at about 10.30 A.M. in the day, Niranjan Yadav (petitioner), coaccused Chandan Yadav, Gunja Kumari and Rita Devi cut and uprooted the trees from the field of the informant. When his father objected, Niranjan Yadav (petitioner) and others entered

Patna High Court CR. MISC. No.60977 of 2019(2) dt.26-09-2019 2/3 into his house. Niranjan Yadav (petitioner) assaulted with Tangi on the head of his father and other accused assaulted with LathiDanda. Niranjan Yadav (petitioner) and co-accused Chandan Yadav put down the mother of the informant and torn her clothes and snatched her golden chain and Kanousi. Co-accused Gunja Kumari and Rita Devi caught hold his mother. When local people assembled, they fled away. His father was admitted in Tekari Government Hospital, Gaya, from there he was referred to Magadh Medical College Hospital, Gaya for treatment.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 05.08.2019. The petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Nature of injury is said to be simple, vide Annexure-3 to the supplementary affidavit. No offence under Section 307 of the IPC is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.60977 of 2019(2) dt.26-09-2019 3/3 the like amount each to the satisfaction of the learned A.C.J.M. (VIth), Gaya, in connection with Tekari P.S. Case No. 398 of 2018.

(Sudhir Singh, J) U.K./- U T