Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4358 of 2018 Arising Out of P.S. Case No. -401 Year- 2017 Thana -BODH GAYA District- GAYA ====================================================== Rajesh Yadav, S/o Late Mohan Yadav, R/o Village- Rampur, P.S.- Bodh Gaya and District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No. 2, Advocate. For the Opposite Party/s : Ms. Anita Kumari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-02-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner is seeking regular bail in Bodh Gaya P.S. Case No. 401/2017 registered under Sections 147, 148, 149, 447, 341, 323, 326, 307, 379, 427 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that this petitioner is the nephew of the informant, the allegation against him is that he had assaulted on the head of the informant by Gandansa. However, learned counsel submits that from the F.I.R. it appears that the dispute arose out of construction of a house in which the allegation against one Shiv Bharat Yadav was that he had assaulted the informant on his head by Gadansa which caused

Patna High Court Cr.Misc. No.4358 of 2018 (2) dt.01-02-2018 2/2 fracture and bleeding. Submission is that said Shiv Bharat Yadav, against whom there was an allegation of assault, has been granted regular bail considering the fact that the injuries suffered by the informant were simple in nature. Learned counsel submits that the petitioner has one case, as stated in paragraph 3, in which he is on bail.

In the facts and circumstances considering that the coaccused has already been granted regular bail by a co-ordinate bench of this Court vide Annexure-2, let the petitioner, named above, be released on bail on his furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in Bodh Gaya P.S. Case No. 401/2017, subject to the conditions as laid down under Section 437(3) Cr.P.C. (Rajeev Ranjan Prasad, J) Dilip, AR U T