Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52126 of 2018 Arising Out of PS. Case No.-53 Year-2018 Thana- PAKARIBARAW District- Nawada ====================================================== Suresh Yadav S/o Chhotelal Yadav, R/o Vill.- Dhonra, P.S.- Dhamaul, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Pakribrawan P.S. Case No. 53 of 2018, disclosing offences under Sections 341, 147, 149, 323, 325, 307, 354 and 506 of the Indian Penal Code.

From the first information report it transpires that a petty feud between the parties resulted into certain occurrence leading to registration of the first information report. Things appear to have happened at the spur of the moment. It is alleged against the petitioner that he assaulted the informant and others with khanti.

Learned counsel, appearing on behalf the petitioner, has submitted that no purpose will be served if the petitioner is taken into custody since he does not have a criminal history and he is ready to present himself before the police for investigation

Patna High Court Cr.Misc. No.52126 of 2018(2) dt.28-09-2018 2/2 and the court as and when required for trial. He contends that there is no chance of the petitioner absconding in course of investigation or the trial.

After having perused the first information report and considering the genesis of occurrence, 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 Chief Judicial Magistrate, Nawada in connection with Pakribrawan P.S. Case No. 53 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 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) Ashish/- U