Jaj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27172 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Jaj Yadav, son of Kalakatar Yadav, residetn of village - Sabalpur, Behra, Police Station - Udwantnagar, District - Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Udwantnagar P.S. Case No. 38 of 2018, instituted for the offence under Sections 341, 323, 324, 448, 307, 504, 506/34 of the Indian Penal Code. In the written report there is allegation of assaulting Rahul Kumar against co-accused Chhotu Yadav with iron rod causing injury on his head. It is further alleged that Ravi Yadav assaulted Rahul Yadav with iron rod. When the informant and his son namely, Shambhu Singh came to rescue, then the petitioner assaulted him with Baisakhi causing injury on his head.

Case diary has been received.

Learned A.P.P. has submitted that there is no injury on the person of the informant or Shambhu Singh in the case diary. The only injury report of Rahul Kumar is available in the case diary.

Patna High Court Cr.Misc. No.27172 of 2018 (3) dt.22-06-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Udwantnagar P.S. Case No. 38 of 2018, he shall be released on anticipatory 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, Bhojpur, Ara, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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