High Court Patna High Court - Orders

Naresh Prasad Yadav @ Naresh … vs The State Of Bihar on 2 February, 2011

Patna High Court – Orders
Naresh Prasad Yadav @ Naresh … vs The State Of Bihar on 2 February, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.3579 of 2011
                   NARESH PRASAD YADAV @ NARESH PRASAD
                                          Versus
                               THE STATE OF BIHAR
                                        -----------

2 02.02.2011 The petitioner is languishing in jail since

14.12.2009, in a case registered under Section 302/34

of the Indian Penal Code.

It is alleged against the petitioner and his

son to have assaulted the victim with lathi and bricks

due to some land dispute.

The case of the defence is that the averment

of the informant is inconsistent in the Faradebyan as

initially he claims to have seen the occurrence but in

subsequent portion of the F.I.R. he claims to have come

out from his house after the actual occurrence. Learned

Sessions Judge order reflects that victim received only

four bruises, which is inconsistent with the allegation

of assault.

Considering the manner of the occurrence

and period of custody, let the petitioner, namely,

Naresh Prasad Yadav @ Naresh Prasad be released on

bail on furnishing bail bond of Rs. 10,000/- (Ten

Thousand) with two sureties of the like amount each to
2

the satisfaction of the learned Chief Judicial

Magistrate, Jehanabad, in connection with Ghoshi P.S.

Case No. 167 of 2009.

Learned Court below will be at liberty to

cancel the bail bond of the petitioner, if he fail to

appear on three consecutive occasions.

Bhardwaj/- ( Dinseh Kumar Singh, J.)