Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46951 of 2019 Arising Out of PS. Case No.-308 Year-2018 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== UPENDRA YADAV, Son of Ramashray Yadav Resident of Village - Beladhi, P.S.- Ramgarh, Distt - Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-07-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ramgarh Police Station Case No. 308 of 2018, disclosing offences under Sections 341/323/324/307/504/506/34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner, along with other co-accused persons, assaulted the informant by means of knife, causing injuries to him. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics and both the parties, i.e. the informant and the accused persons, are co-villagers. He further submits that injuries caused on the person of the informant are simple in nature and the

Patna High Court CR. MISC. No.46951 of 2019(2) dt.30-07-2019 2/3 petitioner has got no criminal antecedent. He further submits that similarly situated co-accused Ranjit Yadav @ Lalu Yadav has been granted anticipatory bail by this Court by order, dated 14.05.2019, passed in Criminal Misc. No. 10559 of 2019. After having heard learned Counsel for the parties and taking into consideration the fact that the injuries caused on the person of the informant are found to be simple in nature and similarly situated co-accused person has been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Upendra Yadav, in the event of his arrest or surrender before the Court below within four weeks, 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 learned 1st Additional Chief Judicial Magistrate, Kaimur, at Bhabhua, in connection with Ramgarh Police Station Case No. 308 of 2018, subject to the condition 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

Patna High Court CR. MISC. No.46951 of 2019(2) dt.30-07-2019 3/3 appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √