Om Prakash Yadav @ Om Praqkash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7381 of 2016 Arising Out of PS.Case No. -248 Year- 2015 Thana -KOCH District- GAYA ====================================================== Om Prakash Yadav @ Om Praqkash Yadav son of Madheshwar Yadav Resident of Village - Keer, P.S. - Konch, District - Gaya. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Yadav For the Opposite Party/s : Mr. Ajay Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 18-02-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323 and 307 of the Indian Penal Code. The prosecution case is that the informant sold 130 quintals of paddy to the petitioner being PACS Chairman but he failed to make payment of Rs.2,20,000/-. When the demand for payment was made the informant was assaulted by the petitioner with iron rod. The father and cousin grand father of the informant also assaulted with lathi and danda. It is submitted by learned counsel for the petitioner that the petitioner lodged Konch P.S. Case No. 226 of

Patna High Court Cr.Misc. No.7381 of 2016 (2) dt.18-02-2016 2/2 2015 with accusation under Sections 147, 148, 149, 341, 323, 307, 506, 171(C) IPC and 27 of the Arms Act against the informant and others thereafter the present case has been lodged. There is nothing on record to suggest that the paddy was supplied by the informant to the petitioner.

A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Gaya in connection with Konch P.S. Case No. 248 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T