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Patna High CourtCR. MISC./1798/2017bail granted

Rajeev Kumar Yadav v. The State Of Bihar

2017-01-25Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1798 of 2017 Arising Out of PS.Case No. -651 Year- 2016 Thana -BANKA District- BANKA ====================================================== Rajeev Kumar Yadav, Son of Bipin Bihar Yadav, Resident of VillageKadranpathar, P.S. and Distt. Banka .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vibhakar Kumar, Advocate For the Opposite Party : Mr. Parmeshwar Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Banka P.S. Case No. 651 of 2016 instituted for the offence under Sections 147, 148, 149, 447, 341, 323, 337, 307, 504 and 506 of the Indian Penal Code and Section 27 of Arms Act.

It has been submitted on behalf of the petitioner that other co-accused has been granted anticipatory bail by the learned Additional Sessions Judge-iv, Banka vide ABP No. 719 of 2016 dated 06.12.2016. By the aforesaid impugned order, the bail of this petitioner was rejected.

From the written report, it appears that petitioner is alleged to be an order giver and made fire in the air. Besides this,

Patna High Court Cr.Misc. No.1798 of 2017 (2) dt.25-01-2017 2/2 there is no any allegation of overt act against this petitioner. It is mentioned in the written report itself that petitioner with his mother was getting electric wire passed through the land of informant for which the alleged occurrence took place. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Banka P.S. Case No. 651 of 2016, 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 Chief Judicial Magistrate, Banka, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Sanjay Priya, J.) ravi/- U T