← Library
Patna High CourtCR. MISC./39968/2019bail granted

Ramjatan Yadav v. The State Of Bihar

2019-06-28Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39968 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- PALI District- Jehanabad ====================================================== RAMJATAN YADAV, Son of Shri Yadav, Resident of Village-Lajo, P.S-Pali, District-Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Pali Police Station Case No. 36 of 2019, disclosing offences under Sections 341/323/324/307/504/506/34 of the Indian Penal Code.

The allegation against the petitioner is that he assaulted the wife of the informant by means of garasa on her head.

Learned Counsel for the petitioner submits that the petitioner has been falsely implicated in this case due to the dispute between the parties regarding water, which used to fall in the premises of the informant. He further submits that the allegation is not corroborated by the injury report (Annexure-2),

Patna High Court CR. MISC. No.39968 of 2019(2) dt.28-06-2019 2/2 from which it appears that the doctor has found the injury to be simple in nature, caused by hard and blunt substance. After having heard learned Counsel for the parties and after going through the First Information Report and Annexure2, I find it a fit case for grant of privilege of anticipatory bail. Accordingly, this application is allowed.

Let the petitioner, Ramjatan Yadav, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Pali Police Station Case No. 36 of 2019, subject to the condition 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 bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √