Yasvant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36761 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- KAKO District- Jehanabad ====================================================== YASVANT KUMAR Son of Heeralal Yadav, Resident of Village - Chandawa Tola Mohan Bigha, P.S.- Kako, Distt.- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-06-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Kako P.S. Case No. 28 of 2019 registered for offence punishable under sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

The dispute arose on account of clearing the drain and the petitioner and his family members have been made accused in the present case with false and frivolous allegation. Allegation has been made to have caused injury by khanti, but the injury report shows that injury was simple in nature. There is case and counter case from both sides. The learned counsel for the petitioner submits that the petitioner has been implicated in the present case only on

Patna High Court CR. MISC. No.36761 of 2019(2) dt.17-06-2019 2/2 account of passing the examination of I.Sc. with good marks. The petitioner and other side are own agnates (gotiya). Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Jehanabad in connection with Kako P.S. Case No. 28 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T