Vimlesh Kumar @ Vimlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10478 of 2018 Arising Out of PS.Case No. -141 Year- 2016 Thana -MADANPURA District- AURANGABAD ======================================================
1. Vimlesh Kumar @ Vimlesh Yadav W/o Jag Narayan Yadav, R/o VillageLaltenganj, P.S.- Madanpur, District- Aurangabad (Bihar). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 27-02-2018 Heard learned counsel for the petitioner and the learned A.P.P.
Petitioner seeks anticipatory bail in Madanpur P.S. Case No.141 OF 2016 / g.r.No.1939/16 instituted for the offences under Sections 341, 323,326, 307/34 of the I.P.C.
It has been submitted that allegation of assault is against co-accused Kamlesh Yadav who has been allowed regular bail by the lower court. The petitioner and ten other co-accused persons are alleged to have assaulted the father of the informant, Dewan Yadav with lathi, danda, Gandasa, Spear, axe etc. causing multiple injuries on his person but the doctor found only two injuries on the person of injured. As per report injury no.2 is simple in nature and opinion about injury no.1 is reserved which is attributed to
Patna High Court Cr.Misc. No.10478 of 2018 (2) dt.27-02-2018 2/2 Kamlesh Yadav. Similarly situated co-accused, Sampati Devi and Guddu Yadav have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 21.09.2017 passed in Cr.Misc.No.43766 of 2017. Both parties are residents of the same village and the occurrence of assault took place on account of flowing drainage of water.
Considering the facts and circumstances of the case, prayer for bail is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Aurangabad (Bihar), in Madanpur P.S. Case No.141/16 subject to the conditions as laid down under Section 438(2) of Cr.P.C.
(Sanjay Kumar, J) AnilKrSinha/- U