Girdhari Yadav @ Girdhari Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12677 of 2018 Arising Out of PS.Case No. -140 Year- 2016 Thana -CHANDAN District- BANKA ====================================================== Girdhari Yadav @ Girdhari Kumar Yadav, S/o Eshwar Yadav @ Ishwar Lal Yadav, R/o Village- Mangla Dih, P.S.- Chandan (Anandpur O.P.), District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Balram Kapri, Advocate. For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chandan (Anandpur O.P.) P.S. Case No. 140 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted the informant with Farsa causing cut injury on his head and he fell down. It is further alleged that the petitioner along with co-accused Rohit Yadav also snatched silver chain from the neck of the informant. Learned counsel for the petitioner has submitted that the instant case is a counter blast of Chandan (Anandpur) P.S. Case No. 141 of 2016 lodged by co-accused Manoj Yadav against the informant and others.

The injury report of the informant has been enclosed as

Patna High Court Cr.Misc. No.12677 of 2018 (2) dt.08-03-2018 2/2 Annexure-3 wherein the Doctor has found simple injury on the person of the informant caused by hard and blunt substance. 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 Chandan (Anandpur O.P.) P.S. Case No. 140 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.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T