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Patna High CourtCR. MISC./13417/2021allowed

Pitambar Yadav v. The State Of Bihar

2021-07-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13417 of 2021 Arising Out of PS. Case No.-204 Year-2020 Thana- PIPRA District- Supaul ====================================================== PITAMBAR YADAV S/O LATE KHATTAR YADAV R/O VILLAGEKATAIYA WARD NO 11, PS PIPRA, DISTRICT-SUPAUL. ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amarnath Jha, Adv.

For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 324, 325, 307, 447, 379, 504, 506 of the Indian Penal Code. Allegation upon the petitioner is that he assaulted Bhuneshwari Yadav by means of khanti on his head. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is case and counter case between the parties. He submits that there is land dispute between the parties and Title Suit No. 28 of 2018 is also pending before the learned court below. He submits that petitioner has no criminal antecedent as stated in para-3 of the bail application and he is

Patna High Court CR. MISC. No.13417 of 2021(2) dt.14-07-2021 2/2 languishing in judicial custody since 03.08.2020. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pipra P.S. Case No. 204 of 2020, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (Anjani Kumar Sharan, J) devendra/- U T