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Patna High CourtCR. MISC./62578/2018bail granted

Surendra Yadav @ Vidyarthi Yadav @ Vidyarthi v. The State Of Bihar

2018-12-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62578 of 2018 Arising Out of PS. Case No.-147 Year-2018 Thana- BIHRA District- Saharsa ====================================================== SURENDRA YADAV @ VIDYARTHI YADAV @ VIDYARTHI, son of late Nunulal Yadav, r/o village- Padampur, P.S.-Bihra, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhan Chandra Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 07-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Bihra P.S. Case No.147 of 2018 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner submits that petitioner has been implicated in this case because he has some dispute with Dr. Chandeshwari.

In the written report, it is alleged that on the date of occurrence the petitioner came in the clinic of Dr. Chandeshwari where informant was also sitting and started abusing the doctor. When the informant raised protest, petitioner gave knife blow in his abdomen.

Counsel for the petitioner submits that injury report is

Patna High Court Cr.Misc. No.62578 of 2018(5) dt.07-12-2018 2/2 available in the case diary, wherein, doctor has found simple injury on his person.

Injury report is available, wherein, doctor has found one injury up to skin deep caused by sharp pointing weapon. Learned APP has submitted that total twenty cases are pending against the petitioner.

Counsel for the petitioner has filed Supplementary Affidavit stating therein, in detail, that in sixteen cases either petitioner has been acquitted or those cases have been closed. He has mentioned about four cases, which are pending against him.

Petitioner is in custody since 31.07.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Bihra P.S. Case No.147 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

J. Alam/- (Sanjay Priya, J) U T