Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51577 of 2018 Arising Out of PS. Case No.-171 Year-2018 Thana- BARHARA District- Bhojpur ====================================================== Raj Kumar Yadav s/o Late Birbhajan Yadav Resident of Vill - Padminia, P.S. - Barhara, Dist - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 324, 279, 307, 379, 504 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons including the petitioner armed with lathi, danda and pistol came and assaulted the informant, due to which he sustained injuries. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. It is a case and counter case between the parties. Both sides are said to have injured in course of occurrence. The injury on the side of the petitioner has not been explained by the prosecution. The nature of injury on the side of informant is said

Patna High Court Cr.Misc. No.51577 of 2018(2) dt.28-09-2018 2/2 to be simple. Hence, no offence under Section 307 of the I.P.C. is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara in connection with Barhara P.S. case No.171 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T