Nagendra Yadav @ Nagendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29198 of 2016 Arising Out of PS.Case No. -125 Year- 2016 Thana -KISHUNPUR District- SUPAUL ====================================================== Nagendra Yadav @ Nagendra Kumar, son of Shri Ram Prakash Yadav, resident of village+P.O.-Murli, P.S. Kishanpur, District- Supaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Md. Sufiyan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Kishanpur P.S. Case No. 125 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 324, 307, 379, 427, 504 and 506 of the Indian Penal Code, 3/4 of Explosive Substances Act and 27 of the Arms Act.

It seems that while certain persons, who were declared elected in local body election, were celebrating their success, a quarrel took place between two groups. Clash between the two groups led to the occurrence. It is alleged against the petitioner that he assaulted Rajeshwar Yadav by giving a blow with Farsa on his head. There are 21 persons named in the First Information Report.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.29198 of 2016 (2) dt.20-08-2016 2/2 the injury on the head of said Rajeshwar Yadav has been found to be have been caused by hard and blunt substance, which fact falsifies the case of the prosecution. It is also submitted that the petitioner has no criminal antecedent.

Considering the submission as above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 125 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T