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Patna High CourtCR. MISC./14849/2016bail granted

Ramchandra Yadav v. The State Of Bihar

2016-05-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14849 of 2016 Arising Out of PS.Case No. -105 Year- 2015 Thana -JAMALPUR District- DARBHANGA ======================================================

1. Ramchandra Yadav Son of Pritam Yadav resident of village - Bargaoun, P.S. Jamalpur, District - Darbhanga .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sita Ram Yadav For the Opposite Party/s : Mr. Pradeep Narain Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-05-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Jamalpur Police Station Case No. 105 of 2015, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 325, 447, 354, 379, 504, 324 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that there is apparent land dispute between the accused persons and the informant. He has further submitted that the present case is a counter blast of Jamalpur Police Station Case No. 103 of 2015, registered on 26.09.2015; whereas, the present case has been registered on 29.09.2015. It has also been submitted that there is allegation against co-accused Rabindra Yadav of assaulting the informant with farsa; whereas there is

Patna High Court Cr.Misc. No.14849 of 2016 (2) dt.04-05-2016 2/2 allegation against the petitioner of assaulting the son of the informant. He has further submitted that the injuries have been found to be simple in nature, which falsifies the prosecution case.

Considering the submission, as above, this application is allowed.

Let the petitioner, Ramchandra Yadav, in the event of their arrest or surrender before the Court below within six 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 Sub Divisional Judicial Magistrate, Biroul, Darbhanga, in connection with Jamalpur Police Station Case No. 105 of 2015, 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 appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √