Yogendra Rai @ Yogendra Prasad Rai v. The State Of Bihar
Patna High Court Cr.Misc. No.10192 of 2015 (2) dt.17-03-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10192 of 2015 Arising Out of PS.Case No. -308 Year- 2014 Thana -NATHNAGAR District- BHAGALPUR ======================================================
1. Yogendra Rai @ Yogendra Prasad Rai Son of Late Ramautar Rai Resident of Rannuchak, P.S. Nathnagar, District - Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Nathnagar P.S. Case No. 308 of 2014 registered under Sections-307 & other minor sections of the Indian Penal Code and 27 of the Arms Act.
Admittedly, except Section-307 of the IPC & 27 of the Arms Act, all the sections are bailable in nature. The allegation of firing is against co-accused, Mukul Rai who has already been granted privilege of anticipatory bail by a coordinate bench of this court vide order dated 26-02-2015 passed in Cr. Misc. No. 8207 of 2015. So far as the petitioner is concerned; it is stated that he gave one Dabiya blow on the head of
Patna High Court Cr.Misc. No.10192 of 2015 (2) dt.17-03-2015 the informant causing head injury to him. Annexures-2 & 3 series reveal that no boney fracture was found on the head of the informant and the injury was simple in nature. Admittedly, there was litigation between the parties much prior to the alleged occurrence.
Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nathnagar P.S. Case No. 308 of 2014 to the satisfaction of learned Additional Chief Judicial Magistrate, Bhagalpur subject to the conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T