Dipu Kumar Yadav @ Amit Prakash Yadav @ Dipu Yadav @ Amit Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47010 of 2019 Arising Out of PS. Case No.-220 Year-2017 Thana- LAUKAHI District- Madhubani ====================================================== DIPU KUMAR YADAV @ AMIT PRAKASH YADAV @ DIPU YADAV @ AMIT PRAKASH Son of Shiv Chandra Yadav, Resident of Village- Singrahi, P.S.- Laukahi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-07-2019 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 Laukahi P.S. Case No. 220 of 2017 registered for offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Allegation has been made that the accused persons armed with weapons came and started assaulting the victim. Against the petitioner, there is allegation that he had come along with pistol and put the pistol on chest, but the allegation has been made that he has caused injury by Farsa.

The learned counsel for the petitioner submits that no explanation has been given that at the time of occurrence if the petitioner was holding pistol how he could have assaulted by Farsa.

Patna High Court CR. MISC. No.47010 of 2019(2) dt.30-07-2019 2/2 He further submits that all injuries are simple in nature. 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 Sub-Divisional Judicial Magistrate, Jhanjharpur in connection with Laukahi P.S. Case No. 220 of 2017, 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. Whenever the Police will call the petitioner for the purpose of interrogation/investigation, he would present himself, In case of failure on two consecutive dates without any valid reason, the prosecution will have liberty to make a prayer for cancellation of his bail before the court below.

(Shivaji Pandey, J) Mahesh/- U T