Nand Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44635 of 2015 Arising Out of PS.Case No. -71 Year- 2015 Thana -PARAIYA District- GAYA ====================================================== Nand Kishore Yadav, Son of Late Mahadev Yadav, Resident of VillageParsawan, P.S. - Paraiya, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s : Mr. Sanjay Kr. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Paraiya P.S. Case No. 71/2015 registered under Sections 147, 148, 149, 341, 323, 504, 325, 427, 379 and 307 of the Indian Penal Code.

It is contended that the alleged occurrence is said to have taken place on 01.07.2015 at 6:30 a.m. and the fardbeyan was given by the informant on 7th July, 2015 at 1:00 p.m. pursuant to which the FIR was registered on 13th July, 2015. It is further contended that the present case has been instituted in

Patna High Court Cr.Misc. No.44635 of 2015 (2) dt.14-10-2015 2 / 2 retaliation to Paraiya P.S. Case No. 58/2015 registered under Sections 147, 149, 341, 323 and 427 of the Indian Penal Code on 1st July, 2015 itself against the informant and others. Learned counsel for the State has opposed the prayer for anticipatory bail.

Taking into consideration the facts and circumstances of the case, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Avinash, learned Judicial Magistrate, 1st Class, Gaya in connection with Paraiya P.S. Case No. 71/2015 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T