Patna High CourtCR. MISC./20605/2019bail granted

Yogendra Rai v. The State Of Bihar

2019-04-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20605 of 2019 Arising Out of PS. Case No.-49 Year-2017 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Yogendra Rai Son of Late Ram Kailash Rai, Resident of Village - Harser, P.S.- Siwaipatti, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-04-2019 Heard both sides.

The petitioner apprehends his arrest in Siwaipatti P.S. Case No.49 of 2017 registered under Sections 307 and 385 and other minor sections of the Indian Penal Code. The informant alleged that since he purchased a piece of land and started construction thereon, the accused persons including the petitioner dragged him to his newly constructed house and indiscriminately assaulted him. One Harendra Rai gave farsa blow on the head of informant.

Learned counsel for the petitioner submits that all other accused persons including Harendra Rai have been granted anticipatory bail vide order passed in Cr.Misc.No.861 of 2018 and Cr.Misc.No.16358 of 2018. The F.I.R. was lodged on 23.05.2017 although occurrence is said to have taken place on

Patna High Court CR. MISC. No.20605 of 2019(2) dt.03-04-2019 2/2 14.05.2017.

Having considered the facts that all other similarly situated accused persons including Harendra Rai against whom there is specific allegation of assault, have already been granted anticipatory bail, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge 9th-cumA.C.J.M., Muzaffarpur in connection with Siwaipatti P.S. Case No.49 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T