Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17784 of 2018 Arising Out of PS.Case No. -454 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================
1. Mukesh Yadav, son of late Balmiki Yadav, resident of village- Bhuriya, P.S. Gogri, District Khagaria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Indrajit Kumar, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Gogri P.S. Case No.454 of 2017 instituted for the offence under Section(s) 341, 323, 307/34 Indian Penal Code.
It has been submitted that Petitioner and Informant are Gotiyas. There is land dispute between them. There is case and counter-case between the parties. Counter case has been lodged by petitioner's sister, Rojee Rani, vide Gogri P.S. Case No.455 of 2017 against the Informant and others. In the instant case, allegation against this petitioner is of causing injury to the mother of the informant with bricks. Injury report has been enclosed as Annexure -3, wherein, Doctor
Patna High Court Cr.Misc. No.17784 of 2018 (3) dt.26-04-2018 2/2 has found simple injury.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Gogri P.S. Case No.454 of 2017, 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 the Chief Judicial Magistrate, Khagaria, 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) JA/- U T