Ramjatan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74369 of 2018 Arising Out of PS. Case No.-2 Year-2016 Thana- GAYA KOTWALI District- Gaya ====================================================== Ramjatan Yadav, S/o Late Gopi Yadav, Resident of Village- Budhginjoi, P.O.- Bahsa, P.S.-Fatehpur, Dist.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar For the Opposite Party/s :

Mr. Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 427 and 307 of the Indian Penal Code.

The prosecution case as per the written report of Ravi Kumar submitted to the S.H.O., Kotwali P.S., Gaya is to the effect that on 01.01.2016 when the informant was going to Manpur, on the way, the petitioner, Ramjatan Yadav, pelted stones and damaged windshield of the car of the informant. It is further alleged that the accused person also started assaulted the informant and gave knife blow on his waist causing cut injury. It is submitted by learned counsel for the petitioner that the injury caused to the informant has been found simple in nature and

Patna High Court Cr.Misc. No.74369 of 2018(2) dt.10-01-2019 2/2 there is no accusation of repeating blow of knife. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned APP for the State that there is specific accusation against the petitioner.

Considering the fact that there is no accusation of repeating the blow and injury caused to the informant found to be simple in nature, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Gaya in connection with Kotwali P.S. Case No.02 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T