Yogendra Rai @ Jogendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34859 of 2017 Arising Out of PS.Case No. -148 Year- 2016 Thana -DIGHA District- PATNA ====================================================== Yogendra Rai @ Jogendra Rai, Son of Late Jamun Rai, Resident of VillageNakta Diyara, P.S. Digha, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate. For the Opposite Party/s : Mr. Bisheshwar Ram, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Digha P.S. Case No. 148 of 2016 instituted for the offence under Sections 147, 341, 323, 308, 379 and 506 of the Indian Penal Code. It is alleged that the petitioner assaulted Lal Kishun Rai with iron rod causing injury on his head. Case diary has been received The injury report of Lal Kishun Rai is available in paragraph-16 of the case diary wherein the Doctor has found simple injury on his person.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.34859 of 2017 (4) dt.05-01-2018 2/2 weeks from today, in connection with Digha P.S. Case No. 148 of 2016, G.R. No. 3625 of 2016, he shall be released on anticipatory 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 Divisional Judicial Magistrate, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T