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Patna High CourtCR. MISC./1413/2017bail granted

Kapildeo Yadav @ Kapil Yadav v. The State Of Bihar

2017-01-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1413 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Kapildeo Yadav @ Kapil Yadav, S/o Darogi Yadav, R/o village- Singhiya, P.S.- Lakshmipur, District-Jamui .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party : Mr. Surendra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Lakshmipur P.S. Case No. 80 of 2016 instituted for the offence under Sections 147, 148, 324, 307, 427, 506 of the Indian Penal Code. It has been submitted that the instant case is a counter blast of Lakshmipur P.S. Case No. 79 of 2016 lodged by one Kaleshwar Yadav against the informant and others for the offence under Sections 147, 148, 354, 307, 379, 427 of the Indian Penal Code. There is a land dispute between the parties. The instant case has been filed by Ashok Prasad Vernwal, father of Sumit Kumar who alleged to have sustained Khanti blow on his head by this petitioner. The injury report has been annexed at Annexure-3 wherein doctor has found simple injury on his person.

Patna High Court Cr.Misc. No.1413 of 2017 (2) dt.16-01-2017 2/2 There is no any bony injury. In such circumstances, since there is a case and counter case between the parties and doctor has found simple injury, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Lakshmipur P.S. Case No. 80 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jamui, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sanjay Priya, J.) ravi/- U T