Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29214 of 2015 Arising Out of PS.Case No. -109 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ====================================================== Rajesh Yadav S/o Rajendra Yadav Resident of Village Janidih, P.S. Kahalgaon, District Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Pathak For the Opposite Party/s : Mr. Umeshanand Pandit(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-10-2015 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Case diary in the present case was called for which has since been received.

The petitioner is apprehending his arrest in connection with Kahalgaon (Ghogha) P.S.Case No. 109/2015 registered under Sections 341, 323, 324, 307 and 506 of the Indian Penal Code. Learned counsel for the petitioner submits that no particular motive has been attributed for attacking the injured by the informant himself as against this petitioner. It is further submitted that all of a sudden the son of the informant was attacked by the petitioner but after perusal of the case diary learned counsel for the State has submitted that save and except

Patna High Court Cr.Misc. No.29214 of 2015 (3) dt.05-10-2015 the reason for assault regarding sale of vegetable and dispute of payment there is no other material to implicate the petitioner. Furthermore, there is no eye-witness to the case. Considering the aforementioned facts and circumstances and also because the petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender in the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each in connection with Kahalgaon (Ghogha) P.S.Case No. 109 of 2015 to the satisfaction of Sri Anwar Shamim, Judicial Magistrate, 1st Class, Bhagalpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) spal/- U