Brijnandan Yadav @ Brijnandan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13017 of 2019 Arising Out of PS. Case No.-255 Year-2018 Thana- KAKO District- Jehanabad ====================================================== BRIJNANDAN YADAV @ BRIJNANDAN PRASAD Son of late Bishundeo Yadav Resident of Village - Vishunpur Harhar, PS- Kako ( Bhelawar), Distt - Jehanabad.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-03-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kako (Bhelawar) P.S. Case No. 255 of 2018 for the offence under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code.

Dispute in respect of passage between the parties is the apparent reason for the occurrence leading to registration of two First Information Reports, one by the informant of the above noted case and the other by son of the petitioner, coaccused Sudhir Yadav. There is allegation against co-accused Sudhir Yadav of having assaulted the informant with Khanti in his head, whereas allegation against the petitioner is of having assaulted him with Khanti in his hand.

However, considering the submission that there is

Patna High Court CR. MISC. No.13017 of 2019(2) dt.05-03-2019 2/2 no allegation against the petitioner of assault on the vital parts of the body, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned J.M. 1st Class, Jehanabad, in Kako (Bhelawar) P.S. Case No. 255 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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) Pawan/- U T