Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45519 of 2019 Arising Out of PS. Case No.-19 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== UPENDRA YADAV S/o Mahavir Yadav, Resident of Village- Parmanandpur, P.S.- Raniganj, District- Araria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Jha For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Forbesganj (Simraha) P.S. Case No. 19 of 2019 registered for offence punishable under sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code. Allegation has been made that on 04.01.2019 at about 3:00 P.M., Pramod Yadav, Suresh Yadav, Upendra Yadav came on tractor and they were loading/taking away 700 bamboos worth Rs.25,000/- which the informant objected for loading the bamboos without payment whereupon Suresh Yadav caused injury on his head by sword and Pramod Yadav caused injury by knife and allegation has been made against Upendra Yadav that he has taken Rs.3,000/- from his

Patna High Court CR. MISC. No.45519 of 2019(2) dt.23-07-2019 2/2 possession.

The learned counsel for the petitioner submits that the specific allegation of assault has been made against Suresh Yadav and Pramod Yadav and it is a super addition of taking Rs.3,000/-.

Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Forbesganj (Simraha) P.S. Case No.19 of 2019, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

Mahesh/- (Shivaji Pandey, J) U T