Baliram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 58781 of 2018 Arising Out of PS. Case No.-203 Year-2018 Thana- Khijar Sarai District- Gaya ====================================================== Baliram Yadav Son of Agnu Yadav Resident of Village- Siswar, P.S. Khizer Sarai, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad For the Opposite Party/s :

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-09-2018 Heard Mr. Sheikh Arkan Ahmad, learned counsel for the petitioner and Smt. Renu Kumari, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Khizer Sarai P.S. Case No. 203 of 2018 registered for offence under Sections 147, 148, 149, 324, 323, 307, 504 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender.

At the very outset, learned counsel for the petitioner has drawn my attention to statement made in paragraph - 3 of the petition to show that petitioner is having clean antecedent. He further submits that there was case and counter case in between the parties. By way of referring to Annexure - 2 to the petition i.e. copy of F.I.R., vide Khijarsarai P.S. Case No. 204 of 2018 registered on the same date i.e. 30-07-2018, it has been argued that own brother of the petitioner namely Ranjan Yadav,

Patna High Court Cr.Misc. No.58781 of 2018(2) dt.20-09-2018 2/2 who is accused no. 2 in the present case, is informant and informant in the present case namely Badhan Yadav is accused no. 2. He further submits that due to land dispute, occurrence had taken place.

Learned Addl. Public Prosecutor has opposed the prayer for grant of anticipatory bail.

However, after going through the Annexure - 1 i.e. F.I.R., in which petitioner is accused as well as Annexure - 2 to the petition i.e. F.I.R., which was lodged by the brother of the petitioner, I am of the opinion that it is a fit case for granting anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Baliram 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 A.C.J.M. IVth Gaya in connection with Khizer Sarai P.S. Case No. 203 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rakesh Kumar, J.) anay U T