Bihari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69954 of 2019 Arising Out of PS. Case No.-314 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== BIHARI YADAV Son of Late Ramashish Yadav Resident of Village - Barh, P.S.- Kalyanbigha (Harnaut), Distt.- Nalanda. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2019 Heard both sides.
The petitioner seeks bail in Harnaut(Kalyan Bigha) P.S. Case No.314 of 2019 registered under Sections 341, 323, 325, 307, 379, 354, 504, 506/34 of the Indian Penal Code. The informant alleged that Manoj Kumar and Santosh Yadav, both sons of the petitioner assaulted his father on his head and arm. The arm was fractured. Petitioner is alleged to have assaulted the father of the informant on his armpit causing fracture injury. The injury report shows that father of the informant found one injury of abrasion on back but the same does not disclose that he got fracture injury on his back. Petitioner is in jail since 15.08.2019.
Learned counsel for the informant and learned A.P.P. vehemently opposed the prayer for bail and submitted that the
Patna High Court CR. MISC. No.69954 of 2019(3) dt.11-12-2019 2/2 petitioner assaulted the father of the informant on his back causing fracture injury in the rib.
Considering the fact that petitioner is of course alleged to have assaulted the father of the informant on his armpit and the rib was found to be fractured but there is no repetition of blow and petitioner has already remained in jail for more than 31⁄2 months, let the petitioner, above named, be released 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, Nalanda(Bihar Sharif) in connection with Harnaut(Kalyan Bigha) P.S. Case No.314 of 2019.
(Prabhat Kumar Jha, J) Saurabh/- U T