Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40964 of 2016 Arising Out of PS.Case No. -67 Year- 2016 Thana -BHARGAWAN District- ARRARIA ======================================================

1. Rajesh Yadav S/o Mahendra Yadav Resident of Village-Mahthawa (Jai Nagar), P.S.- Bhargama, District-Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Mr. Arbind Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bhargama P.S. Case No. 67 of 2016, disclosing offences under Sections 341, 323, 379, 307, 354B, 504,506/34 of the Indian Penal Code.

From the First Information Report, it appears that some occurrence had taken place because the persons accused in the First Information Report had allowed their buffalos to remain free and unttended which caused damage to the maize of the informant, which spread on the floor for drying.

Learned counsel for the petitioner has submitted that allegation of causing assault by iron rod and Khanti etc, is superimposition. According to him,

similar is the case as regards allegation of snatching of golden chain from the informant's wife.

Considering the genesis of the occurrence and the nature of accusation, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Chief Judicial Magistrate, Araria in Bhargama P.S. Case No. 67 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) ArunKumar/-c U