Ganeshi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66407 of 2018 Arising Out of PS. Case No.-937 Year-2016 Thana- SAHARSA District- Saharsa ====================================================== Ganeshi Yadav Son of Late Sukhay Yadav Resident of VillageBaijanpatti,Ward No.13, Tola Baluaha P.S. Saharsa,Distt.-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhan Chandra Jha For the Opposite Party/s :

Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 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, 341, 307, 379, 504 of the Indian Penal Code.

The prosecution case, in brief, is that in the offshoot of fixing TATI, dispute took place and in consequence thereof, the accused persons gave blow on the head of informant and when informant's brother intervened to rescue, he was too assaulted. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. There is case and counter case between the parties. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal

Patna High Court Cr.Misc. No.66407 of 2018(2) dt.17-12-2018 2/2 Code is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 937 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T