Binod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13139 of 2015 Arising Out of PS.Case No. -107 Year- 2014 Thana -CHANAN District- BANKA ======================================================
1. Binod Yadav Son of Kameshwar Yadav Resident of Village- Nanakudih Peshraha, P.S.- Chandan (Anandpur), District- Banka. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Kamala Kant Tiwary For the Opposite Party : Mr. Renuka Ratnakar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2015 Heard learned counsels for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 323, 120B, 34 of the I.P.C.
It is alleged that Ashish Yadav and Mohan Yadav assaulted with lathi to the father of the informant. The victim also suggested their names as assailants. Subsequently the father of the informant succumbed to the injuries. It is alleged that subsequently this petitioner claimed that he got the father of the informant killed.
It is submitted by learned counsel for the petitioner that no overt act has been alleged against the petitioner and petitioner has no criminal antecedent. A statement has been made in para 3 of the petition.
Patna High Court Cr.Misc. No.13139 of 2015 (2) dt.30-03-2015 2/2 Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Chandan(Anandpur) P.S. Case No. 107 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The bail bonds of the petitioner will be accepted on filing affidavit to the effect that petitioner will cooperate during investigation.
None-cooperation in the investigation will give liberty to the prosecution to file appropriate application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) Shageer/- U T