Dhana Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54084 of 2018 Arising Out of PS. Case No.-312 Year-2017 Thana- PARBATTA District- Khagaria ====================================================== Dhana Yadav, Son of Janardan Yadav, resident of village- Parbatta, P.S.- Parbatta, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Sri Madhuranand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 11-09-2018 Heard Sri Ranjeet Kumar Singh, learned counsel for the petitioner and Sri Madhuranand Jha, learned Additional Public Prosecutor .

The sole petitioner, apprehending his arrest in connection with Parbatta P.S. Case No. 312 of 2017, G.R. No. 2671 of 2017 , registered for the offence under Sections 447/323/307/379/504/506/34 of the Indian Penal Code, 1860 ( hereinafter referred to as the "I.P.C.") , has prayed for grant of bail in the event of his arrest or surrender. Learned counsel for the petitioner by way of referring to the F.I.R. submits that in the F.I.R. there is general and omnibus allegation. He further submits that of -course in view of accusation there was no application of Section 307 of the I.P.C., but such Section has been incorporated in the F.I.R. He

Patna High Court Cr.Misc. No.54084 of 2018(2) dt.11-09-2018 2/2 further submits that offence under Section 379 of the I.P.C. which is cognizable has been inserted, which appears to be exaggeration. In any event, it has been argued that there is no specific accusation against the petitioner.

Besides hearing, I have examined the F.I.R. and after going through the same , I am of the opinion that it is a fit case for passing favourable order.

Accordingly, in the event of his arrest or surrender within a period of six weeks from today, let petitioner - Dhana Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria / concerned court in connection with Parbatta P.S. Case No. 312 of 2017, G.R. No. 2671 of 2017 subject to the conditions as contemplated under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J) praful/- U T