Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36830 of 2016 Arising Out of PS.Case No. -239 Year- 2016 Thana -BUXAR District- BUXAR ===================================== Chhotu Yadav, Son of Suryanath Yadav, Resident of VillageSohanipatti, P.S.- Buxar (Town), District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-09-2016 Heard learned counsel, appearing on behalf of the petitioner, and learned Additional Public Prosecutor, appearing on behalf of the State.

This application, for grant of anticipatory bail, arises out of Buxar (Town) P.S. Case No. 239 of 2016, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code.

Allegedly, some unknown persons were attempting to take away the informant's motorcycle. When he objected to it, they threatened him of dire consequences

Patna High Court Cr.Misc. No.36830 of 2016 (2) dt.08-09-2016 2/3 and left the place. They, thereafter, came with other persons, including the petitioner, and assaulted the informant.

Learned counsel, appearing on behalf of the petitioner, has submitted that the case of the prosecution, as narrated in the First Information Report, prima facie, appears to be not probable. He has also submitted that the injuries have been found to be simple in nature. The petitioner has no criminal antecedent, as stated in paragraph 3 of the application.

In view of the submission, as above, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Town) P.S. Case No. 239 of 2016, 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, above named, shall present himself before the police/Court, as the case may be, as and when required

Patna High Court Cr.Misc. No.36830 of 2016 (2) dt.08-09-2016 3/3 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.

(Chakradhari Sharan Singh, J) Praveen-II/- U T