Baidhnath Yadav @ Baijnath Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.38689 of 2017 (2) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38689 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -PARASBIGHA District- JEHANABAD ======================================================

1. Baidhnath Yadav @ Baijnath Yadav son of Late Rambarat Yadav Resident of Village- Bajitpur P.S. Parasbigha District Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath For the Opposite Party/s : Mr. Sri Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Paras Bigha P.S. Case No. 24 of 2017 instituted for the offence under Sections-325, 307 & other minor sections of the Indian Penal Code. It is alleged against this petitioner that he gave Lathi blow on the head of father of the informant.

Learned counsel for the petitioner has submitted that there is only single blow on the father of the informant. The injury report has been annexed as Annexure-3 to this petition, wherein the doctor after CT scan has found simple injury on the person of the injured. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on

Patna High Court Cr.Misc. No.38689 of 2017 (2) dt.23-08-2017 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Paras Bigha P.S. Case No. 24 of 2017 to the satisfaction of Sri P. K. Bihari, learned Judicial Magistrate-Ist Class, Jehanabad subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner 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) A.K.V./- U T