Vijay Yadav @ Vijay Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19893 of 2019 Arising Out of PS. Case No.-126 Year-2018 Thana- ADAPUR District- East Champaran ====================================================== 1.

VIJAY YADAV @ VIJAY PRASAD YADAV Son of Shukdeo Yadav Resident of Village - Laxmipur Pokhariya, P.S.- Adapur, District -East Champaran 2.

Tijaiy Yadav Son of Shukdeo Yadav Resident of Village - Laxmipur Pokhariya, P.S.- Adapur, District -East Champaran 3.

Chhotalal Yadav @ Chhotelal Yadav Son of Late Mahendra Yadav Resident of Village - Laxmipur Pokhariya, P.S.- Adapur, District -East Champaran 4.

Ramashankar Yadav Son of Rajendra Yadav Resident of Village - Laxmipur Pokhariya, P.S.- Adapur, District -East Champaran 5.

Pawan Yadav @ Pawan Prasad Yadav@ Pawam Yadav Son of Vijay Yadav Resident of Village - Laxmipur Pokhariya, P.S.- Adapur, District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sangeet Deokuliar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Adapur P.S. Case No. 126 of 2018 for the offence punishable under Sections 341, 323, 324, 379, 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

There is allegation against the petitioner No.1 of making assault in the head of the informant with farsa. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.19893 of 2019(3) dt.02-04-2019 2/3 petitioners has submitted that though opinion in respect of the injury has been reserved, the informant has not presented himself for examination. He has also argued that there is a counter case registered by the wife of the petitioner No.1 as Adapur P.S. Case No. 127 of 2018. There is allegation against other petitioners also of assaulting the informant's father with farsa. It is submitted that father of the informant has also not presented himself for medical examination in order to confirm the nature of injury.

Considering the above submission, this application is allowed.

Let the petitioners above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul at Motihari, East Champaran, in Adapur P.S. Case No. 126 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 petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their

Patna High Court CR. MISC. No.19893 of 2019(3) dt.02-04-2019 3/3 part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T