Patna High CourtCR. MISC./95/2018bail granted

Devanand Yadav v. The State Of Bihar

2018-02-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.95 of 2018 Arising Out of PS.Case No. -156 Year- 2016 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Devanand Yadav Son of Satto Yadav, Resident of Village-Rauta Bansi, Police Station-Saur Bazar, District-Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Harun Quareshi, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Saur Bazar P.S. Case No. 156 of 2016 instituted for the offence under Sections 147,149,341,323,324,379,384,506,504 of the IPC and Section 27 of the Arms Act.

As per the written report, on the order of this petitioner, other accused persons have assaulted the informant with butt of rifle.

Learned counsel for the petitioner has submitted that other co-accused have been granted anticipatory bail vide order dated 18.07.2017 passed in Cr. Misc. No. 32833 of 2017. Learned APP for the State fairly submits that the injury found on the person of injured is simple in nature.

Patna High Court Cr.Misc. No.95 of 2018 (3) dt.09-02-2018 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Saur Bazar P.S. Case No. 156 of 2016, to the satisfaction of the learned Chief Judicial Magistrate, Saharsa, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.