Yogendra Kumar @ Yogendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42246 of 2016 Arising Out of PS.Case No. -391 Year- 2015 Thana -DIGHA District- PATNA ====================================================== Yogendra Kumar @ Yogendra Sharma, Son of late Ramgulam Sharma, resident of Village- Sahbajpur Mahnaiya, P.S. Dalsinghsarai, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Digha P.S. Case No. 391 of 2015, disclosing offences under Sections 147, 149, 323, 379, 504 and 506 of the Indian Penal Code.

The informant has claimed that he is Secretary of Jai Prakash Nagar Sahkari Grih Nirman Samity, Patna. He has implicated 20 persons by naming them and nearly 25 who are not named. The First Information Report has been lodged nearly eight days after the date of occurrence. It is alleged against the accused persons including the petitioner that the informant was kidnapped and assaulted variously.

Learned counsel appearing on behalf of the petitioner has submitted that some scuffle had taken place between the

Patna High Court Cr.Misc. No.42246 of 2016 (2) dt.05-10-2016 2/2 informant and the accused persons because of some civil dispute. Be that as it may, considering the delay in lodging of the First Information Report, 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 Judicial Magistrate 1st Class, Patna in connection with Digha P.S. Case No. 391 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) Vats/-c U T