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Patna High CourtCR. MISC./11230/2019bail granted

Sandip Yadav And ANR v. The State Of Bihar

2019-02-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11230 of 2019 Arising Out of PS. Case No.-105 Year-2015 Thana- RAJAOLI District- Nawada ======================================================

1. Sandip Yadav S/o Manoj Yadav

2. Manoj Yadav S/o Late Basudeo Yadav, both are Resident of VillageDhamuchak, P.S.- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-02-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 324, 326, 307, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant by means of chapra, khanti, due to which he sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Both parties are agnates. Due to petty reasons the

Patna High Court Cr.Misc. No.11230 of 2019(2) dt.25-02-2019 2/2 alleged occurrence is said to have taken place. From the order of the Sessions Court, it is evident that the injury report is not on record. It cannot be ascertained whether the offence under Section 307 of the I.P.C. is made out or not. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. case No.105 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T