Basudeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38257 of 2017 Arising Out of PS.Case No. -138 Year- 2017 Thana -KISHUNPUR District- SUPAUL ====================================================== Basudeo Yadav, Son of Ramrup Yadav, R/o Village - Fulwariya, P.S.- Kishanpur, District- Supaul. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kishanpur P.S. Case No. 138 of 2017 registered under Sections 341, 323, 324, 307, 504 & 506/34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other eight accused persons are said to have assaulted on the head and neck of the son of the informant by means of lathi resulting into grievous injury to him.

It is submitted by learned counsel for the petitioner that the allegation against the petitioner is not specific rather general and omnibus in nature. There is no injury on the neck of the victim. The head injury and the injury on face, though opined by the doctor are grievous in nature, but the assailant of said injuries are not definite and ascertainable. The petitioner has

Patna High Court Cr.Misc. No.38257 of 2017 (02) dt.16-08-2017 -2been languishing in custody since 30.05.2017. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No.138 of 2017.

(Prakash Chandra Jaiswal, J) Trivedi/- U T