Patna High CourtCR. MISC./51293/2019bail granted

Mahendra Yadav v. The State Of Bihar

2019-08-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51293 of 2019 Arising Out of PS. Case No.-290 Year-2018 Thana- BIHARIGANJ District- Madhepura ====================================================== MAHENDRA YADAV Son of Late Rajendra Yadav Resident of Village - Parariya, Dihtola, P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-08-2019 This application, for grant of anticipatory bail, arises out of Bihariganj P.S. Case No. 290 of 2018, disclosing offences under Sections 341, 342, 447, 148, 323, 324, 325, 307, 379, 354, 504, 506/34 of the Indian Penal Code.

Allegation as per F.I.R. is that the petitioner and other accused persons came variously armed and surrounded the informant with an intention to kill him and co-accused Shyam Yadav and Suraj Yadav assaulted the informant on his head but butt portion of the pistol and when his uncle and cousin sister came to save him, they were also assaulted by the accused person.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and from the F.I.R. itself it is evident that

Patna High Court CR. MISC. No.51293 of 2019(2) dt.17-08-2019 2/2 there is no allegation against the petitioner of assaulting anyone rather he was only order giver.

Heard learned A.P.P. also.

Having heard both sides, considering the submission, as 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 bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Udakishunganj, Madheprua, in connection with Bihariganj P.S. Case No. 290 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T