Anil Yadav @ Anil Kumar Yadav @ Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37499 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -MADHEPURA District- MADHEPURA ======================================================
1. Anil Yadav @ Anil Kumar Yadav @ Anil Kumar Son of Nand Kishore Yadav Resident of Village - Tuniyahi, P.S. & District - Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-09-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 447,448,341,323,307,385,379 and 427/34 of the Indian Penal Code.
The prosecution case is that co accused Kumar Gaurav alias Kaju Kumar, Nitish Kumar, Rana Thakur and Aakash Kumar came to the medical shop of the informant and demanded Corex syrup. When the informant conveyed that Corex syrup is not available, the accused persons entered into the shop of the informant, made assault to the informant when the sons of the
Patna High Court Cr.Misc. No.37499 of 2015 (2) dt.18-09-2015 2/3 informant came to rescue then co accused Rana Thakur and Aakash Kumar assaulted them and co accused Nithish Kumar Yadav took away cash of rupees five thousand from the cash box of the informant's shop.
It is submitted by the learned counsel for the petitioner that the prosecution case is in two parts. In the first part the presence of the informant has not been suggested by the prosecution. The informant has not received any injury on head and the injuries have been found to be simple in nature. There is counter version of the occurrence and the son of the petitioner has also received injury. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. It is further submitted that the accused with graver accusation have been granted anticipatory bail vide Cr. Misc. No. 25974 of 2015.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM,
Patna High Court Cr.Misc. No.37499 of 2015 (2) dt.18-09-2015 3/3 Madhepura in connection with Madhepura P.S. Case No.10 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Anil/- U T