Om Prakash Yadav @ Om Prakash Kumar v. The State Of Bihar
Criminal Miscellaneous No.59389 of 2018 Arising Out of PS.Case No. -85 Year- 2018 Thana -SHANKARPUR District- MADHEPURA ====================================================== Om Prakash Yadav @ Om Prakash Kumar, son of Jhoujhan Yadav, resident of Village Kabiyahi, P.S. Shankarpur, District Madhepura .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 429 and 307 of the Indian Penal Code and Section 27 of Arms Act.
It has been alleged that in the morning the informant received a call on mobile and thereafter started hurling abuses and threatened. In the evening at 04:00 O'clock while she was seating with family members, one person came and fired a pellet, which missed the target and the bullet hit to a he-goat and later on it was found that the petitioner was fleeing away from there.
Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let
Patna High Court Cr.Misc. No.59389 of 2018 (2) dt.08-10-2018 2 /2 petitioner, namely, Om Prakash Yadav @ Om Prakash Kumar, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate - 1st, Madhepur in connection with Shankarpur P.S. Case No.85 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that as and when the police party will call him for investigation or interrogation, the petitioner will have to remain physically present himself, in failure to co-operate during course of investigation and join for interrogation the police will be at liberty to file an application for cancellation of bail. (Shivaji Pandey, J) Vinay/Sunny U T