Maheshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3146 of 2019 Arising Out of PS. Case No.-72 Year-2018 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Maheshwar Yadav, aged about 55 years, son of Jagdish Yadav, resident of Vill-Asi, P.S-Ghanshyampur, Distt.-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner. No one appears for the State.

Petitioner is seeking anticipatory bail in connection with G.R. No. 381 of 2018, arising out of Ghanshyampur P.S. Case No. 72 of 2018, registered for the offences punishable under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the alleged occurrence has taken place because of a land dispute in which it is alleged that the petitioner had given a Khanti blow. Learned counsel points out from Annexure-3 i.e. the injury report that not only all the injuries are simple in nature, but those are also shown to have been caused by sharp cutting substance. It is submitted that the nature of injuries attributed to the petitioner could not be a sharp cutting wound, hence, the entire allegations are false, concocted and baseless.

Patna High Court Cr.Misc. No.3146 of 2019(2) dt.28-01-2019 2/2 No one appears on behalf of the State to oppose this application.

In the given facts and circumstances of the case, considering the nature of injuries and the allegations allegedly attributed to the petitioner, this Court would direct that in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned C.J.M., Darbhanga in connection with G.R. No.381 of 2018, arising out of Ghanshyampur P.S. Case No. 72 of 2018, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) arvind/- U T