Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6407 of 2019 Arising Out of PS. Case No.-256 Year-2018 Thana- HARNAUT District- Nalanda ====================================================== SUDHIR YADAV S/o Ram Babu Yadav Resident of village-Bangachha, P.O and P.S- Telmar, District-Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vishal Saurabh Mr. Sujit Kumar Sinha For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Harnaut (Telmar) P.S. Case No. 256 of 2018 for the offence under Sections 147, 148, 149, 341, 323, 307, 353, 325, 332, 333, 120(B) and 504 of the Indian Penal Code. Allegedly, a Bolero vehicle had turned into a ditch, which was being taken out with the help of J.C.B. Machine. The police party had reached there on the information and on enquiry as to how the vehicle was being taken out without permission of the authorities, several persons gathered there and attacked the police party. The informant is the S.H.O. of Harnaut (Telmar) Police Station. There is specific allegation against co-accused Budhan Yadav, Subodh Yadav and Samundar Yadav of having assaulted the S.H.O. and attempted to snatch his pistol.

Learned counsel for the petitioner has submitted that though the allegation against the said three persons, namely, Budhan Yadav, Subodh Yadav and Samundar Yadav, is serious, so far as this petitioner is concerned, there is no specific

Patna High Court Cr.Misc. No.6407 of 2019(2) dt.05-02-2019 2/2 allegation.

I find substance in the said submission made on behalf of the petitioner. This application is accordingly allowed. Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda, Biharsharif in Harnaut (Telmar) P.S. Case No. 256 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T