Awadhesh Yadav @ Abdhesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19385 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -CHANAN District- LAKHISARAI ====================================================== Awadhesh Yadav @ Abdhesh Yadav S/O- Kuldeep Yadav, resident of village- Kundar, P.S.- Chanan, District- Lakhisarai .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Chanan P.S.Case No. 09/2016, disclosing offences under sections 341, 323, 504, 307 and 504/34 of the Indian Penal Code. The petitioner is said to have assaulted the informant with lathi.
Learned counsel, appearing on behalf of the petitioner, has submitted that there is a counter case filed by the present petitioner. He has submitted that no offence under section 307 of the I.P.C. is made out, even if the allegation, as contained in the F.I.R., is treated to be true.
Considering the above, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/
Patna High Court Cr.Misc. No.19385 of 2016 (2) dt.19-05-2016 surrender before the court below within six weeks from today, 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 A.C.J.M. 1st, Lakhisarai in Chanan P.S.Case No. 09/2016, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
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 bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Surendra/- U