Patna High CourtCR. MISC./11924/2015bail granted

Binoy Yadav @ Bijay Yadav And ANR v. The State Of Bihar

2015-06-25Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11924 of 2015 Arising Out of PS.Case No. -247 Year- 2014 Thana -BIHPUR District- BHAGALPUR ======================================================

1. Binoy Yadav @ Bijay Yadav Son of Late Bhurmi Yadav Resident of Village - Narayanpur, P.S. - Bihpur (Bhawanipur), Distt. - Bhagalpur.

2. Rakesh Kumar Yadav @ Rakesh Yadav Son of Binoy Yadav @ Bijoy Yadav Resident of Village - Narayanpur, P.S. - Bihpur (Bhawanipur), Distt. - Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-06-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State Petitioners apprehend their arrest in connection with Bihpur ( Bhawanipur) Police Station Case No. 247 of 2014 registered for the offences punishable under Sections 447, 323, 324, 307/34 of the Indian Penal Code.

There is omnibus allegation of assault against the petitioner no. 2 namely, Rakesh Kumar Yadav and co-accused. The injury report of injured has been mentioned at para 50 of the case diary and it appears that only one small swelling was found on left parietal area of the injured and it would further appear that

Patna High Court Cr.Misc. No.11924 of 2015 (4) dt.25-06-2015 2/2 the opinion regarding the aforesaid injury was kept reserved and injured did not produce any document regarding the examination of his scalp.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner no. 2 namely, Rakesh Kumar Yadav, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Additional Chief Judicial Magistrate, Naugachaia at Bhagalpur in Bihpur ( Bhawanipur) Police Station Case No. 247 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U T