Manikant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4260 of 2021 Arising Out of PS. Case No.-198 Year-2020 Thana- BIRAUL District- Darbhanga ====================================================== MANIKANT YADAV S/o Late Gopal Jee Yadav R/o village- Sonadih, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagdish Prasad Singh For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Biraul P.S. Case No. 198 of 2020 (GR No. 481/20), registered for the offence punishable under Sections 307, 323 and other allied sections of the Indian Penal Code.

As per the prosecution case, on 11.06.2020 while the informant was sitting at his Darwaja, all the accused persons including this petitioner variously armed came there and started abusing him. When the informant protested, the accused persons assaulted him and when his son Jaibir Yadav came to save him, this petitioner is alleged to have assaulted him with Farsa on his head, as a result of which he fell down.

Patna High Court CR. MISC. No.4260 of 2021(3) dt.17-06-2021 2/2 It is submitted on behalf of the petitioner that there is case and counter case. Both sides sustained injury. Due to land dispute, scuffle took place between the parties. Petitioner is in custody since 12.10.2020 and claims clean antecedent, as stated in para 3 of the petition.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Additional Chief Judicial Magistrate Ist Biraul, Darbhanga in connection with Biraul P.S. Case No. 198 of 2020 (GR No. 481/20) subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the 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. (Prabhat Kumar Singh, J) vinita/- U T