Karu Yadav v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53877 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -PARAIYA District- GAYA ====================================================== Karu Yadav, son of Nanku Yadav @ Dhobi Yadav, resident of village Pipra, P.S.- Paraiya, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. The Junior Electric Engineer, Electric Supply Branch, Guraru, Gaya. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Gupta For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-12-2016 Heard the Counsel for the petitioner, Mr. A. Dayal, APP for the State and Mr. Jha for O.P. No. 2.
Petitioner, along with several others, is named accused of Paraiya P.S. Case No. 95 of 2015 registered under Sections 147, 148, 323, 379, 353, 504 and 506 of the Indian Penal Code and prays for grant of anticipatory bail.
The Junior Engineer lodged the case that when the lineman of the Department went to the village, he was assaulted by several accused persons. Learned counsel draws attention of the Court to the order dated 16.06.2016 passed in Cr. Misc. No. 24894 of 2016 wherein recording reasons, anticipatory bail has been granted. It is stated that by the same order, prayer for anticipatory bail of the petitioner was rejected by the Court below. Petitioner has no criminal antecedent.
Patna High Court Cr.Misc. No.53877 of 2016 (2) dt.20-12-2016 2/2 Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to 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 Judicial Magistrate, 1st Class, Gaya in Paraiya P.S. Case No. 95 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.
(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T