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Patna High CourtCR. MISC./3601/2019allowed

Shashi Yadav And ORS v. The State Of Bihar

2019-03-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3601 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- CHAINPUR District- Kaimur (Bhabua) * ====================================================== 1.

Shashi Yadav son of Darshan Yadav Resident of Village- Badhara, P.S.- Durgawati, District - Kaimur 2.

Sonu Yadav son of Baban Yadav Resident of Village- Niranjanpur, P.S.- Chainpur, District - Kaimur 3.

Dharmendra Yadav son of Bigan Yadav Resident of Village- Niranjanpur, P.S- Chainpur, District - Kaimur 4.

Nanda Yadav son of Sajhai Yadav Resident of Village-Lohra, P.S.- Chainpur, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 In this case earlier vide order dated 25.01.2019 anticipatory bail was granted to the petitioner nos.1, 3 & 4 and the case diary was called for with regard to petitioner no.2. This is an application for grant of anticipatory bail for petitioner no.2 in connection with Chainpur P.S. Case No. 190 of 2018, disclosing offences under Sections 341, 323, 307, 448, 504, 506, 34 of the Indian Penal Code.

Allegation against the petitioner no.2 is of assault to one Akash Yadav by lathi on the abdomen.

Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.3601 of 2019(3) dt.26-03-2019 2/2 that there is no visible external injury was found on the abdomen and though the opinion was kept reserved. Heard learned A.P.P. also, who submits that in spite of case diary is available, no final opinion about the injury was found in the case diary.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner no.2, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II Kaimur at Bhabua, in connection with Chainpur P.S. Case No. 190 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) Amjad/- U T