Patna High CourtCR. MISC./18923/2016bail granted

Naresh Yadav v. The State Of Bihar

2016-05-09Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18923 of 2016 Arising Out of PS.Case No. -183 Year- 2015 Thana -JAYNAGAR District- MADHUBANI ======================================================

1. Naresh Yadav S/o Chandeshwar Yadav, Resident of Village- Kuardh, P.S.- Jainagar, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Mukesh Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 09-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for anticipatory bail arises out of Jay Nagar P.S. Case No. 183 of 2015, disclosing offences under Sections 323,324,341,326,307,337,427,504/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that apparently, the dispute was over cutting of crops which was being objected to by the informant. Learned counsel for the petitioner has submitted that the allegation against the petitioner is of giving a blow with Farsa on the head of the informant, whereas, the injury has been found to be simple in nature caused by hard and blunt substance. It has further been submitted that counter case has also been instituted by co-accused Suresh Yadav vide Jai Nagar P.S. case No. 184 of 2015.

Considering the nature of dispute and the accusation against this petitioner, this application is allowed. Let the petitioner above-named in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Madhubani in connection with Jay Nagar P.S. Case No. 183 of 2015, subject to the conditions as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U