← Library
Patna High CourtCR. MISC./70791/2019bail granted

Dudhnath Yadav v. The State Of Bihar

2019-12-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70791 of 2019 Arising Out of PS. Case No.-97 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== Dudhnath Yadav, aged about 38 years, male, Son of Fulena Yadav, Resident of Village - Harkeshpur, P.S.- Maharajganj, Distt. - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-12-2019 The petitioner seeks bail in anticipation of his arrest in connection with Maharajganj P.S. Case No. 97 of 2019, dated 04.04.2019, instituted for the offences under Sections 341, 323, 324, 307, 325, 504 and 34 of the Indian Penal Code.

With respect to dispute over a plot of land, an occurrence is said to have taken place in which the informant is said to have been assaulted by the petitioner by a Tangi. The learned counsel for the petitioner has submitted that the injuries suffered by the informant is simple in nature.

There is a counter version of the occurrence as

Patna High Court CR. MISC. No.70791 of 2019(2) dt.11-12-2019 2/2 well. With respect to an occurrence which took place on 29th of March, 2019, the instant case has been lodged on 04th of April, 2019. Two other persons are also said to have been injured but as against them, there is a general allegation of assault at the hands of many other accused persons including the petitioner.

Considering the background facts, the nature of accusation, enmity between the parties, counter case and the injury being simple, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-V, Siwan in connection with Maharajganj P.S. Case No. 97 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) Praveen-II/- U T