Shankar Yadav @ Uma Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25774 of 2018 Arising Out of PS.Case No. -644 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== Shankar Yadav @ Uma Shankar Yadav S/o Late Jai Ram Yadav, R/o Vill.- Sarangpur, P.S.- Ara Muffasil, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2018 Heard.

The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 644 of 2017 for the offences punishable under Sections 341, 323, 447, 307, 379, 427, 504/34 of the Indian Penal Code and 25(1-b)a/26/35 of the Arms Act. The allegation is regarding the accused persons having assaulted the informant and his other family members. The learned counsel for the petitioner has submitted that the present case arises out of a case and counter case, while the petitioner had lodged Bhojpura Sadar P.S. Case No. 645 of 2017, the present case is Bhojpur Sadar P.S. Case No. 644 of 2017.

It is submitted that admittedly there is a land dispute

Patna High Court Cr.Misc. No.25774 of 2018 (3) dt.06-07-2018 2/2 between the parties and the fact is that the accused side has received more injuries in the scuffle which has taken place and, in fact, the prosecution side has not received any injury. The petitioner is languishing in custody since 10.3.2018. Per contra, the learned counsel for the informant has opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 644 of 2017.

It is further directed that the petitioner shall mark his attendance before the concerned Police station on every Monday of the week at 10 A.M. and co-operate in the investigation. His failure to mark attendance before the concerned police station on two consecutive dates would render the present order void. (Mohit Kumar Shah, J) BTiwary/- U T