Chandeshwar Rai @ Chandeshwar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48579 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- RAJAPAKAR District- Vaishali ====================================================== CHANDESHWAR RAI @ CHANDESHWAR PRASAD YADAV Son of Late Sakal Rai Resident of Village - Bakhari Barai, P.S.- Raja Pakar, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr.Vinod Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Rajapakar P.S. Case N0. 03 of 2019, disclosing offences under Sections 341, 342, 504, 506, 509, 173, 186, 189, 323, 332, 354A and 353 of the Indian Penal Code. In the light of this Court's order dated 30.08.2019, the petitioner is personally present in Court.

The First Information Report has been registered by the Senior Manager of the Central Bank of India, Harpur, Hardas Branch, Vaishali. As per the allegation, an Officer of the Bank had gone to the petitioner's village for discharging her duties. Allegedly, when she was briefing the ladies of the village, the petitioner reached there and misbehaved with her. It is alleged that the petitioner used unparliamentary language and became abusive against the said Officer of the Bank. The petitioner states that he has already tendered apology before

Patna High Court CR. MISC. No.48579 of 2019(5) dt.02-09-2019 2/2 the Branch Manager of the Bank, in writing.

Learned Senior counsel appearing on behalf of the petitioner has submitted that though some trivial dispute leading to altercation and scuffle may not be ruled out, the case of the prosecution appears to be exaggerated version of what might have actually happened. Considering the facts and circumstances and the stand of the petitioner, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned SubJudge-VII, Vaishali at Hajipur in Rajapakar P.S. Case No. 03 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U