Basant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53163 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -BIHTA District- PATNA ====================================================== Basant Yadav, S/o Radhey Yadav, resident of village- Ramu Bigha P.S.- Bihta, District- Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Adv. For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Bihta Police Station Case No. 86 of 2017 registered for the offences under sections 341, 323, 307, 504 and 506/34 of the Indian Penal Code.

It has been alleged that for fixing peg near the house of informant, some altercation took place between the parties. The petitioner allegedly assaulted the informant by spade. The learned counsel for the petitioner submits that Doctor has reported about injury no. 1 as simple in nature. The other injuries are swelling on the elbow and soldier and the opinion has been reserved with respect to the same. Both the

Patna High Court Cr.Misc. No.53163 of 2017 (2) dt.09-11-2017 2/2 parties are resident of same place. The petitioner has clean antecedent and so he deserves anticipatory bail. The learned Additional Public Prosecutor on the other hand, opposed the submission.

Considering the facts and circumstances of the case, the prayer of anticipatory bail is allowed and the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Bihta Police Station Case No. 86 of 2017, subject to the condition as laid down under section 438 (2) of the Criminal Procedure Code. (Sanjay Kumar, J) Mahesh/- U T