Ashutosh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56782 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -KOPA District- SARAN ======================================================

1. Ashutosh Yadav S/o Tribhuwan Yadav R/o Village - Arwal Deoria, P.S. Kopa, District Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Kopa P.S. Case No. 61 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code.

It has been submitted that main allegation of assault is against Janmejay Yadav of assaulting the informant with sword on the head. Counsel for petitioner has submitted that there is case and counter case between the parties. It has further been submitted that petitioner has filed Kopa P.S. Case No. 62 of 2017 against the informant and others. The instant case has been filed as counter blast of that case. It has been mentioned at paragraph-3 of the petition that the petitioner has clean antecedent.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event

Patna High Court Cr.Misc. No.56782 of 2017 (2) dt.01-12-2017 2/2 of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Kopa P.S. Case No. 61 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saran subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner 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) A.K.V./- U T