Birendra Yadav @ Birendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77443 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== BIRENDRA YADAV @ BIRENDRA KUMAR Son of Raj Kumar Prasad Resident of Village-Darshan, Police Station-Govindpur, District-Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar For the Opposite Party/s :
Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2019 Heard both sides.
The petitioner seeks bail in Govindpur P.S. case No. 79 of 2019 registered under Section 341, 323, 324, 326, 307, 504, 506/34 of the Indian Penal Code.
The informant alleged that while he was irrigating his field Raj Kumar Yadav, Birendra Yadav, son of Raj Kumar Yadav, the petitioner, and wife of Raj Kumar Yadav having armed with sword and dagger came. Raj Kumar Yadav and Birendra Yadav assaulted his brother Vinod Yadav with sword. When the informant and his sister-in-law came to save, wife of Raj Kumar Yadav assaulted the sister-in-law of the informant. Again Raj Kumar Yadav and Birendra Yadav assaulted the informant.
The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.77443 of 2019(2) dt.28-11-2019 2/2 informant got one injury on his left leg. The injury is abrasion and simple in nature. Vinod Kumar Yadav, brother of the informant, got one cut injury in his abdomen but the injury is opined to be simple in nature although he was sent to PMCH for better treatment. Raj Kumar Yadav and petitioner are alleged to have assaulted Vinod Yadav, brother of the informant, but only one injury was found in the abdomen of Vinod Yadav. Considering the facts aforesaid and the nature of allegation made against the petitioner and the fact that petitioner is in jail for last three months, the petitioner, above named is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub divisional Judicial Magistrate, Nawada in connection with Govindpur P.S. case No. 79 of 2019.
(Prabhat Kumar Jha, J) BKS/- U T