Shiv Nandan Yadav v. The Sate Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50796 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== SHIV NANDAN YADAV Son of Late Baldeo yadav Resident of Village - Tadhwa Pokhra Tola, P.S.- Bairiya, Dist.- West Champaran. ... ... Petitioner/s
Versus
THE SATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No 7 For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-08-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Bairiya P.S.Case No.05 of 2019 dated 2.1.2019 , registered for offences punishable under Sections 341, 323, 324, 307, 354, 379, 504 and 506 of the Indian Penal Code.
Prosecution story is that the accused persons including the petitioner assaulted his wife causing injury at her head and when his son came to save her, Anwat Yadav assaulted by Bhala causing injury to him and accused Lalu Yadav assaulted by Iron Rod to Mantu . Further allegation is that accused Sheo Nandan Yadav and Ananwat Yadav assaulted by Iron Rod and Lathi to his son Pramod . There is allegation of assault against accused Yogendra Yadav to Bagar Yadav and her younger son.
Patna High Court CR. MISC. No.50796 of 2019(2) dt.16-08-2019 2/2 Submission of the learned counsel for the petitioner is that there is no specific allegation attributed against this petitioner of assault rather against the other accused persons and the other accused persons have been granted privilege of anticipatory bail, vide order dated 6.5.2019 passed in Cr. Misc. No.28926 of 2019.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VIIth, Bettiah, West Champaran in connection with Bairiya P.S.Case No.05 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T