Bilash Yadav @ Ram Bilash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11911 of 2018 Arising Out of PS.Case No. -265 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Bilash Yadav @ Ram Bilash Yadav, S/o Late Ram Surat Yadav, R/o village Karkatgarh, P.S.- Chainpur, District Kaimur at Bhabua. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Advocate. For the Opposite Party/s : Mr. Iftekhar Mahmood, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chainpur P.S. Case No. 265 of 2017, G.R. No. 2418 of 2017 instituted for the offence under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that for the same date of occurrence co-accused Bablu Yadav has filed Chainpur P.S. Case No. 266 of 2017 against the informant and others, in which, petitioner along with his brother namely, Bablu Yadav was brutally assaulted by the informant and his brother. The petitioner has received five injuries. The injury report of petitioner and his brother has been enclosed as Annexure 3 and 3/A.

In the instant case there is allegation that petitioner assaulted Anirudh Yadav with Axe causing injury to him. The injury report of Anirudh Yadav has been enclosed which shows that he sustained only one injury and opinion has been

Patna High Court Cr.Misc. No.11911 of 2018 (3) dt.04-04-2018 2/2 kept reserved.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Chainpur P.S. Case No. 265 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateII, Kaimur at Bhabua, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.