Sujit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 515 of 2018 Arising Out of PS.Case No. -326 Year- 2016 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sujit Yadav S/o Ram Deo Yadav, R/o Village- Bagahi Bahuathawa, P.S.- Yogapatti, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Sanjay Kumar No-7, Advocate For the S t a t e : Mr Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2018 Heard counsel for the petitioner, informant and the State.

Petitioner seeks bail in a case registered under Sections 147, 148, 149, 323, 324, 307, 302, 447 and 504 of Indian Penal Code.

Counsel for the petitioner submits that due to land dispute, the scuffle had taken place. He submits that when the informant intervened, as per the allegations in the first information report, three blows were inflicted upon the informant and two upon Chhota Yadav who is son of the informant. He draws attention of the Court towards injury report of these two persons wherein, in respect of both the said persons, only one injury has been found. Counsel for the petitioner further submits that there is

Patna High Court Cr.Misc. No.515 of 2018 (2) dt.10-01-2018 2/2 no allegation of assault on the deceased attributed to the petitioner. He submits that in the similar circumstances, co-accused Birendra Yadav has been granted anticipatory bail vide order dated 13.07.2017 passed in Cr Misc No 32148 of 2017. Prior to the instant case, petitioner has no criminal antecedent and he is in custody since 31.07.2017.

Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in Yogapatti Police Station Case No 326 of 2016 subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T