Wiwart Yadav @ Bibart Yadav @ Vivart Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29706 of 2019 Arising Out of PS. Case No.-38 Year-2018 Thana- NADI P.S. District- Bhagalpur ====================================================== WIWART YADAV @ BIBART YADAV @ VIVART YADAV, Son of Bhola Khirhari, Resident of Village - Dhodhiya (Dhoria), P.S- Nadi Thana, District - Bhagalpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Yadav For the Opposite Party/s :
Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for anticipatory bail, arises out of Nadi (River) Police Station Case No. 38 of 2018, disclosing offences punishable under Sections 448, 504, 506, 379, 323 and 307 of the Indian Penal Code and Section 27 of the Arms Act. It is evident from the First Information Report that because of intra-family dispute, there was some altercation and in that course, there is allegation against the petitioner of having opened fire. It is evident that no one received any injury. Considering the nature of the dispute, giving rise to lodging of the First Information Report, this application is allowed.
Patna High Court CR. MISC. No.29706 of 2019(2) dt.06-05-2019 2/2 Let the petitioner, Wiwart Yadav @ Bibart Yadav @ Vivart Yadav, in the event of his arrest or surrender before the Court below within 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 - 1st Class, Naugachia, Bhagalpur, in connection with Nadi (River) P.S. Case No. 38 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Ashish/RaginiU T