Dwarika Yadav @ Dirika Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16959 of 2018 Arising Out of PS.Case No. -38 Year- 2017 Thana -BARHAT District- JAMUI ====================================================== DWARIKA YADAV @ DIRIKA YADAV, Son of Prayag Yadav, Resident of village Numar P.S. Barhat District Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Sri Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Sections 148,149,323,324,307,337,338 of the Indian Penal Code. The specific allegation of assault by means of axe is attributed upon the petitioner.

It is submitted by the petitioner's counsel that the petitioner is aged about 70 years. With reference to the injury report Annexure 2, he submits that injuries have been opined to be simple in nature. Petitioner is in jail custody since 27.01.2018 and other co-accused namely Anik Yadav has been allowed bail in Cr. Misc. No. 45882 of 2017.

In the facts and circumstances of the case, prayer for bail of

Patna High Court Cr.Misc. No.16959 of 2018 (3) dt.26-04-2018 2/2 the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Jamui in Barhat P.S. Case No. 38 of 2017 subject to the conditions : (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U