Bale Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 21769 of 2017 Arising Out of PS.Case No. -351 Year- 2016 Thana -WAJIRGANJ District- GAYA ====================================================== Bale Yadav, Son of Rajdeo Yadav, Resident of Village- Akamba, P.S. Wazirganj, District- Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

01-07-2017 Heard Sri Sunil Kumar Yadav, learned counsel for the petitioner and Dr. Indiwar Kumari, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Wazirganj P.S. Case No. 351 of 2016 registered for offence under Sections 341, 323, 325, 307, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that with a view to create a defence, the informant of the present case has lodged the F.I.R. alleging therein that petitioner had given garasa blow on the head of the informant of the present case (Azad Yadav). He submits that petitioner is the informant in Wazirganj P.S. Case No. 350 of 2016, in which, he had received serious injuries on his head by the garasa. He further submits that

Patna High Court Cr.Misc. No.21769 of 2017 (2) dt.01-07-2017 2/2 some of the persons, who were made accused in his F.I.R. i.e. Wazirganj P.S. Case No. 350 of 2016, have already been extended the privilege of anticipatory bail. He further submits that even in the present case, in which the petitioner has been made accused, during investigation, superficial injuries were found on the person of the injured. He has further argued that there was admitted land dispute in between the parties and petitioner is having clean antecedent.

Considering the fact that there was case & counter case and the fact that injury caused by the petitioner is simple in nature, there is no reason to refuse the prayer for grant of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Bale Yadav be enlarged 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 A.C.J.M. 1st Gaya in connection with Wazirganj P.S. Case No. 351 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T