Patna High CourtCR. MISC./7839/2016bail granted

Krishna Nand Yadav v. The State Of Bihar

2016-04-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7839 of 2016 Arising Out of PS.Case No. -180 Year- 2014 Thana -BAHERI District- DARBHANGA ====================================================== Krishna Nand Yadav Son of Late Lochan Yadav Resident of village - Bhangahi, Police Station - Baheri, District - Darbhanga .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Addl. Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of Baheri P.S.Case No. 180/2014, disclosing offences under sections 341, 323, 324, 504, 307, 325, 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that no offence under section 307 of the Indian Penal Code is made out on the basis of allegation made in the First Information Report. According to him, it is evident from the First Information Report that the occurrence took place out of petty dispute over digging earth for fixing a hand pump.

Considering the nature of accusation and the dispute

Patna High Court Cr.Misc. No.7839 of 2016 (2) dt.04-04-2016 between the parties, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 Sri Amit Kumar, Judicial Magistrate, 1st Class, Darbhanga in Baheri P.S.Case No. 180/2014, subject to the conditions as laid down under section 438(2) of the Cr.P.C. 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) Surendra/- U