Chhabila Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19724 of 2019 Arising Out of PS. Case No.-382 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== CHHABILA YADAV S/o Bhikhari Yadav @ Bhikhi Yadav, Resident of Village-Bahuarawa, Mangani Tola, P.S-Majhaulia, District-West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-05-2019 This application, for grant of anticipatory bail, arises out of Majhaulia P.S. Case No. 382 of 2018, disclosing offences under Sections 341, 323, 324, 307, 397, 504 and 34 of the Indian Penal Code.
Allegation as per F.I.R. is that one of the villagers dashed his new bicycle and when informant objected the accused persons including petitioner came variously armed and on the order of the petitioner co-accused Raj Yadav gave a farsa blow on the informant and others have also assaulted the informant on the order of petitioner and there is specific allegation that petitioner taken away Rs. 10,000 from the pocket of the informant.
Submission of learned counsel for the petitioner is that even according to F.I.R. occurrence took place with respect
Patna High Court CR. MISC. No.19724 of 2019(2) dt.07-05-2019 2/2 of a trivial matter and further no allegation of assault has been attributed to the petitioner and so far allegation that petitioner took away Rs. 10,000/- from the pocket of the informant is concerned, the same is ornamental.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 382 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T