Shyam Yadav vs The State of Jharkhand

Narendra Nath Tiwari, J.—The Petitioner is an accused in the case registered under Sections 341, 323, 324, 379/34 of the Indian Penal Code, later on added Section 307 of the Indian Penal Code.

Learned Counsel appearing on behalf of the Petitioner submitted that the Petitioner has been falsely implicated in this case; even if the allegations are taken as it is, no case u/s 307 I.P.C. is constituted; the allegation against the Petitioner is that he had inflicted injury by means of Tangi, but the Doctor has found lacerated wound; the independent witnesses, in course of investigation, have stated that this Petitioner was holding parted bamboo piece (Pharathi); Petitioner is in custody since January, 2011; he is a local permanent resident; there is no chance of his absconding.

Learned A.P.P. opposed the Petitioner''s prayer for bail, but has not disputed the said contentions of learned Counsel for the Petitioner.

Regard being had to the facts and circumstances of the case, the Petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(rupees ten thousand) with two sureties of the like amount, each, to the satisfaction of learned Chief Judicial Magistrate, Koderma in connection with Chandwara P.S. Case No. 01 of 2011, corresponding to G.R. No. 02 of 2011.