Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14553 of 2015 Arising Out of PS.Case No. -133 Year- 2014 Thana -JAMALPUR District- MUNGER ====================================================== Deepak Yadav son of Pawan Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghwanand, Advocate For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 323, 379, 504 of the Indian Penal Code and section 3(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. It is alleged that in the night of 04.10.2014, several miscreants after surrounding the informant made assault by calling caste name and snatched Rs.2000/- from the pocket of the informant. Out of the several miscreants, this petitioner was identified by the informant.

It is submitted by learned counsel for the petitioner that in the background of land dispute the accusation has been levelled and for the occurrence of 04.10.2014, the FIR has been registered on 06.10.2014. Moreover, the informant has retracted

Patna High Court Cr.Misc. No.14553 of 2015 (2) dt.11-05-2015 2/2 from initial version and has filed a petition to that effect before the learned court below, the same has been brought on record as annexure-3 to the petition.

It is submitted by Mr. Ambika Bhagat, learned Special P.P. for the State that the occurrence took place in public view. Considering the retracted version of the informant and statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No.133 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T