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Patna High CourtCR. MISC./53074/2017bail granted

Pankaj Yadav @ Pankaj Kumar And ANR v. The State Of Bihar

2018-01-24Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53074 of 2017 Arising Out of PS. Case No.-39 Year-2017 Thana- BUNIADGANJ District- Gaya ======================================================

1. Pankaj Yadav @ Pankaj Kumar,

2. Pintu Yadav @ Pintu Kumar, Both sons of Raja Yadav, Both are resident of Village- Kukiyasin, P.S.- Buniadganj, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunwar Narayan Jamuar For the Opposite Party/s :

Mr. SRI ANIL KUMAR SINGH 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-01-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Buniadganj P.S. Case No. 39 of 2017 instituted for the offence under Sections 342, 324, 307, 34, 379, 504 and 506 of the Indian Penal Code.

The allegation against petitioner no.1 is that he assaulted the informant on right hand with an iron Khanti causing fracture injury. The allegation against petitioner no.2 is that he assaulted on the leg of the informant with an iron rod as a result of which his leg was fractured.

Injury report has been annexed as Annexure-3

Patna High Court Cr.Misc. No.53074 of 2017(3) dt.24-01-2018 2/3 wherein it is mentioned that lacerated wound has been received by the informant over the right wrist and below right leg. The doctor found injury no. 2 to 5 simple in nature and kept opinion reserved with respect to injury no.1.

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 weeks from today, in connection with Buniadganj P.S. Case No. 39 of 2017 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, Gaya, subject to the conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioners tamper with the evidence or

Patna High Court Cr.Misc. No.53074 of 2017(3) dt.24-01-2018 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) HR/- U T