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Patna High CourtCR. MISC./40369/2018bail granted

Bhushan Yadav v. The State Of Bihar

2018-07-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40369 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -TELHARA District- NALANDA (BIHARSHARIFF) ======================================================

1. Bhushan Yadav, Son of Sri Kailu Yadav @ Amindar Yadav, Resident of Village- Bishunpur, Police Station- Telhara, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Telhara P.S. Case No. 61 of 2018, registered for offences punishable under Sections 307/34 of the Indian Penal Code. Allegation against the petitioner along with other coaccused is of assault by bricks on the elder brother of the informant, causing injury.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and there is no specific allegation against the petitioner. It is further submitted that there is a case and counter case between the parties

Patna High Court Cr.Misc. No.40369 of 2018 (2) dt.11-07-2018 2/2 due to the dispute of "Chhajja".

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Telhara P.S. Case No. 61 of 2018, to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned and petitioner shall cooperate in the investigation and shall be present before police as and when required, otherwise prosecution is at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) Sudha/Priyanka/- U T