Pramod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19804 of 2019 Arising Out of PS. Case No.-180 Year-2017 Thana- MANPUR District- Nalanda ====================================================== Pramod Yadav aged about 41 years (Male) Son of Raghunath Yadav Resident of Village-Palani, P.S-Manpur, District-Nalanda. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Anil Chandra, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code registered in connection with Manpur P.S. Case No. 180 of 2017.

3. It is submitted that the petitioner has been falsely implicated and there is land dispute between the parties who are own brothers. The accusation of assault with Kakut (sharp cutting instrument) by the petitioner is not supported by the injury report which discloses that the injury caused by hard and blunt substance is simple in nature. The petitioner claims clean antecedents.

4. Learned APP opposes the anticipatory bail petition.

5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Nalanda at

Patna High Court CR. MISC. No.19804 of 2019(2) dt.04-04-2019 2/2 Biharsharif in connection with Manpur P.S. Case No. 180 of 2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T