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Patna High CourtCR. MISC./33081/2017bail granted

Satyabrat Yadav @ Halkhori Yadav v. The State Of Bihar

2017-07-26Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33081 of 2017 Arising Out of PS.Case No. -217 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Satyabrat Yadav @ Halkhori Yadav, S/o Pulkit Yadav, resident of Village- Araria, P.S.- Parbatta (Maraiya), District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sessions Case No.79 of 2017 arising out of Parbatta (Maraia) P.S.Case No.217 of 2016, G.R.No.1939 of 2016 registered for offences punishable under Sections 341, 324, 326 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is of firing on the informant but that did not hit the informant and thereafter assaulting him on his back and again at his abdomen causing injury on hand, however, the impugned order shows that he is in custody for eight months.

Submission of the petitioner is that the injuries are simple in nature and the falsity of the case will appear from the

Patna High Court Cr.Misc. No.33081 of 2017 (3) dt.26-07-2017 2/3 fact that he has assaulted thrice but there is only one injury on the person of the informant and he has no criminal antecedent. Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Ist, Khagaria in connection with Sessions Case No.79 of 2017 arising out of Parbatta (Maraia) P.S.Case No.217 of 2016, G.R.No.1939 of 2016 With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-

Patna High Court Cr.Misc. No.33081 of 2017 (3) dt.26-07-2017 3/3 U T