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Patna High CourtCR. MISC./33222/2018bail granted

Babloo Yadav v. The State Of Bihar

2018-07-04Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33222 of 2018 Arising Out of PS.Case No. -210 Year- 2017 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ===================================== Babloo Yadav son of Sumindra Yadav resident of Village - Narsinghpur, P.S. - Rahui, District - Nalanda. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-07-2018 The petitioner seeks bail in anticipation of his arrest in connection with Rahui P.S. Case No. 210 of 2017 dated 31.07.2017 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

The allegations in the F.I.R reveal that because of a buffalo of the informant having strayed in the field of the accused persons, the informant and others were assaulted. The petitioner and one Madhu Yadav are alleged to have opened fire at the informant. However, the informant has received simple injury on his hand.

The learned counsel for the petitioner has submitted that there is a counter version of the occurrence as well in

Patna High Court Cr.Misc. No.33222 of 2018 (2) dt.04-07-2018 2/2 which the petitioner has been injured. Some of the accused persons of this case, of course with different allegations, have been granted anticipatory bail by two different Benches of this Court.

Regard being had to the fact that the occurrence arose out of a small issue of a cattle entering into the field of the petitioner and the petitioner also having been injured in the occurrence, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Vth, Nalanda at Biharsharif in connection with Rahui P.S. Case No. 210 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

While passing this order, this Court has also taken note of the fact that petitioner does not have any criminal antecedent.

(Ashutosh Kumar, J) Shageer/- U T