Sanjay Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23917 of 2016 Arising Out of PS.Case No. -79 Year- 2015 Thana -KAKO District- JEHANABAD =====================================

1. Sanjay Yadav

2. Ajit Yadav Both Sons of Deo Nandan Yadav, resident of village - Barbatta, P.S. - Kako, District - Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Surendra Pd. Singh (App) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-07-2016 The certified copy of the First Information Report has been filed in course of the day. Let it be kept on record.

This application has already been dismissed as withdrawn with respect to petitioner No.1, namely, Sanjay Yadav, vide order, dated 14.06.2016.

Heard learned counsel for petitioner No.2 and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail,

Patna High Court Cr.Misc. No.23917 of 2016 (3) dt.15-07-2016 2/3 arises out of Kako P.S. Case No.79 of 2015, disclosing offences under Sections 341, 323, 307, 380 and 504/34 of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioner No.2, has submitted that there is allegation against him of assaulting one Manoj Kumar by iron rod. According to him, land dispute between the parties is the reason behind lodging of a false case. He has also referred to a case, pending before Land Reforms Deputy Collector, Jehanabad, vide case No.07 of 2014, which is pending between the petitioner and the informant. It has been stated in paragraph 3 of the application that petitioner No.2 has no criminal antecedent.

In view of the submission, as above, this application is allowed. Let petitioner No.2, namely, Ajit Yadav, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jehanabad, in connection with Kako P.S. Case No.79 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.23917 of 2016 (3) dt.15-07-2016 3/3 This is subject to the condition that the petitioner No.2, above named, 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T