Patna High CourtCR. MISC./12186/2019bail granted

Kailash Yadav v. The State Of Bihar

2019-02-27Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12186 of 2019 Arising Out of PS. Case No.-158 Year-2018 Thana- KATORIYA District- Banka * ====================================================== Kailash Yadav Son of Late Gulli Yadav Resident of Village - Laraiya, P.S.- Katoriya, Distt - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 341, 307, 504 of the Indian Penal Code and Sections 3/4/5 of the Explosive Substance Act.

Allegation is that the accused persons including the petitioner assaulted the informant by fists, slaps, lathi, danda and accused Pappu Tanti, Ashok Tanti and Bihari Yadv hurled bomb, due to which the informant and his son sustained injuries. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.12186 of 2019(2) dt.27-02-2019 2/2 present case. From perusal of the order sheet of the Sessions Court, it appears that the nature of injury is simple. Hence, no offence under Section 307 of the I.P.C. is made out. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, 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 Sri Raushan Kumar, learned Judicial Magistrate, 1st class, Banka in connection with Katoriya P.S. case No.158 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T