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Patna High Court - Orders

Paras Yadav @ Paras Nath vs The State Of Bihar on 13 April, 2016

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.9739 of 2016
                    Arising Out of PS.Case No. -441 Year- 2015 Thana -JAHANABAD District- JEHANABAD
                 ======================================================
                 Paras Yadav @ Paras Nath son of late Ramdhari Yadav resident of Village
                 Bairagibag P.S. & District Jehanabad.

                                                                               .... ....   Petitioner/s
                                                       Versus
                 The State of Bihar

                                                              .... .... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :  Mr. Pramod Kumar Pandey
               For the Opposite Party/s   : Mr. Arun Kumar Pandey (App)
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
               MISHRA
               ORAL ORDER
2   13-04-2016

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Jehanabad P.S. Case No. 441 of 2015 registered under Sections 147, 148, 149, 323, 341, 324, 325, 307 and 504 of the Indian Penal Code.

The allegation of the informant Hridaya Kumar is that 8 persons including the petitioner were present at his plot and started to do the work of piling. When he made protest, co-accused Pappu Yadav and Anuj Yadav and this petitioner gave farsa and sword blow in which Raja Yadav, Upendra Yadav, Surendra Yadav and Bhutar sustained injuries.

Learned counsel appearing on behalf of the Patna High Court Cr.Misc. No.9739 of 2016 (2) dt.13-04-2016 2/2 petitioner submits that while there is specific allegation against the petitioner and two other of giving farsa and sword blow but the injuries are found simple in nature caused by hard and blunt substance not by the sharp cutting weapons. In the said occurrence, defence party also sustained injury and Jehanabad P.S. Case No. 440 of 2015 is instituted on the basis of the written report of co-accused Anuj Yadav. It is also submitted that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Jehanabad in connection with Jehanabad P.S. Case No. 441 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Rajendra Kumar Mishra, J) Shail/-

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