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Patna High CourtCR. MISC./25013/2019bail granted

Pappu Yadav v. The State Of Bihar

2019-07-25Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25013 of 2019 Arising Out of PS. Case No.-169 Year-2017 Thana- SONO District- Jamui ====================================================== Pappu Yadav Son of Madan Yadav, Resident of Village- Rajaun, P.S.- Charkapathar, Distt- Jamui.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

None For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-07-2019 Neither learned counsel for the petitioner nor learned APP for the State are present.

This Court has gone into the records.

Petitioner in the present case is seeking anticipatory bail in connection with Sono (Charkapathar) P.S. Case No. 169 of 2017 registered for the offences punishable under Sections 147, 341, 323, 307, 379, 427 and 504 of the Indian Penal Code. As per prosecution story the alleged occurrence took place on 02.08.2017 in which the informant and his son were assaulted while they were working in their paddy field. Altogether 13 persons have been named in the First Information Report. It is alleged that on the direction of the accused Kaleshwar Yadav all the accused persons started assaulting the informant and his son, some one and among those persons gave

Patna High Court CR. MISC. No.25013 of 2019(3) dt.25-07-2019 2/3 a Kulhari blow on the head of his son as a result whereof his son fell down.

The injury reports are there as Annexure '2' series which show that the son of the petitioner had received one injury on his head by a sharp cutting weapon and has got grievous injury. Apart from that there is two other injuries which were swelling and abrasion and bruises. It further appears from Annexure '3' series that some of the co-accused against whom there are similar allegations have been granted privilege of anticipatory bail by learned Co-ordinate Bench of this Court in Criminal Miscellaneous No. 46279 of 2018 and Criminal Miscellaneous No. 34355 of 2018.

In the given facts and circumstances of the case, where neither any weapon has been attributed to the petitioner nor there is any specific allegation of assault against this petitioner and some of the accused have been granted anticipatory bail.

Let the petitioner above named, in case of his arrest or surrender within four weeks from today in connection with Sono (Charkapathar) P.S. Case No. 169 of 2017, be released on bail on execution of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.25013 of 2019(3) dt.25-07-2019 3/3 satisfaction of learned A.C.J.M.-Ist, Jamui, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) vats/ved U T