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Patna High CourtCR. MISC./49689/2016bail granted

Shiv Narayan Yadav @ Laddu Yadav @ Surya Narayan Yadav v. The State Of Bihar

2016-12-19Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49689 of 2016 Arising Out of PS.Case No. -165 Year- 2016 Thana -PANDAUL District- MADHUBANI ======================================================

1. Shiv Narayan Yadav @ Laddu Yadav @ Surya Narayan Yadav, Son of Ram Prakash Yadav Resident of Village- Boturi, P.S. Pandaul, DistrictMadhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/341/323/324/307 of the Indian Penal Code. Allegation in the F.I.R. is against eleven named accused persons to have caused injury with Garasa at the head of Ram Parikshan Yadav, the brother of the informant. The doctor has found single head injury, which is fracture on parietal bone caused by incised weapon.

Submission of the petitioner is that the present F.I.R. was lodged after lodging of the case by the petitioner side against

Patna High Court Cr.Misc. No.49689 of 2016 (2) dt.19-12-2016 2/2 the informant and others. The allegation is not specific, therefore, it cannot be ascertained at this stage that as to who out of the eleven person, caused the aforesaid single head injury. Learned counsel for the informant opposed the prayer for anticipatory bail.

Considering the general and omnibus nature of allegation as well as counter case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, Madhubani/Successor Court in connection with Pandaul Police Station Case No.165 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Birendra Kumar, J) Mkr./- U T