Ras Bihari Yadav @ Rash Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41071 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -KEOTI District- DARBHANGA ====================================================== Ras Bihari Yadav @ Rash Bihari Yadav, son of Shiv Shankar Yadav, Resident of Village- Hanuman Nagar, P.S.- Keoti, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha, Advocate For the Opposite Party/s : Mr. Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Keoti P.S. Case No. 54 of 2016, disclosing offences under Sections 147, 149, 341, 323, 324, 325, 379, 307, 354, 504 and 506 of the Indian Penal Code.

From the First Information Report, it transpires that there is some land dispute between the informant's family and that of the persons named in the First Information Report. Some scuffle had taken place between them. It is alleged against the petitioner that he assaulted one Vidyanand Yadav on his head with Farsa. It is also alleged that he gave second blow with Farsa on Vidyanand Yadav, which hit his hand.

Learned counsel appearing on behalf of the petitioner has submitted that all the injuries have been found simple in nature

Patna High Court Cr.Misc. No.41071 of 2016 (2) dt.27-09-2016 2/2 and the injury on the hand of said Vidyanand Yadav has been found to have been caused by hard and blunt substance and not by any sharp cutting weapon. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent. Considering the genesis of occurrence and submissions advanced on behalf of the petitioner as noted above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Keoti P.S. Case No. 54 of 2016, 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) Vats/-c U T