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Patna High CourtCR. MISC./48684/2017allowed

Yamuna Yadav v. The State Of Bihar

2017-11-10Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48684 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -BANDHUWA KURAWA District- BANKA ====================================================== Yamuna Yadav, Son of Umakant Yadav, R/o village- Hanumanta, P.S.- Bandhuwa Kurawah, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Adv. For the Opposite Party/s : Mr. Nagendra Prasad, APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Bandhuwa Kurawah P.S. Case No. 28 of 2017, disclosing offences under Sections 147, 148, 149, 447, 341, 323, 324, 307 and 379 of the Indian Penal Code, Section 27 of the Arms Act and 3, 4 and 5 of the Explosive Substances Act.

Learned counsel for the petitioner has submitted that it is evident from the First Information Report that main allegation of assault is against Ashok

Patna High Court Cr.Misc. No.48684 of 2017 (2) dt.10-11-2017 2/3 Yadav and Guddu Yadav. Said Ashok Yadav and Guddu Yadav have been granted anticipatory bail by this Court vide an order, dated 13.10.2017, passed in Cr. Misc. No. 46674 of 2017.

Learned counsel for the petitioner has, accordingly, submitted that the petitioner's case being on better footing, he also deserves to be given the privilege of anticipatory bail.

I find substance in such submission so made on behalf of the petitioner. This application is, accordingly, 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IIIrd, Banka, in connection with Bandhuwa Kurawah P.S. Case No. 28 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear

Patna High Court Cr.Misc. No.48684 of 2017 (2) dt.10-11-2017 3/3 before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T