Ranjeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72902 of 2018 Arising Out of PS. Case No.-137 Year-2018 Thana- MANIHARI District- Katihar ====================================================== Ranjeet Yadav S/o Sukhdeo Yadav R/o Milki Pokhar Kanna, P.S. Manihari, Distt. Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2018 Heard the learned counsel for the parties.

This application for anticipatory bail arises out of Manihari P.S. Case No.137 of 2018, disclosing offences under Sections 341,323,307,504/34 of the Indian Penal Code. Learned counsel for the petitioner submits that there is general and omnibus allegation against eight accused persons of making assault. He further submits that the injury has been found to be simple and for the same occurrence a counter case has also been lodged.

Learned Additional Public Prosecutor, appearing on behalf of the State, on the other hand, has opposed the prayer for anticipatory bail and has submitted that since a case under Section 307 of the Indian Penal Code is made out on the basis of

Patna High Court Cr.Misc. No.72902 of 2018(2) dt.18-12-2018 2/2 allegation made in the First Information Report, no case of grant of anticipatory bail is made out.

However, considering the submission that the injury has been found to be simple and there is no specific allegation against the petitioner of making assault, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in Manihari P.S. Case No.137 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

arun/- (Chakradhari Sharan Singh, J) U