Antu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73251 of 2018 Arising Out of PS. Case No.-254 Year-2018 Thana- JHAJHA District- Jamui ====================================================== Antu Yadav Son of Kaleshwar Yadav Resident of Village-Dighara P.S. Jha jha,Distt.-Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of JhaJha P.S. Case No.254 of 2018, disclosing offences under Sections 341, 323, 354A, 379, 307 and 504/34 of the Indian Penal Code.

According to the case of the prosecution, the accused persons including the petitioner started abusing the informant and when objected, the petitioner is said to have assaulted the informant with Iron Rod on his head, causing injury. It is also alleged that the persons who came in rescue had also assaulted and some articles were also snatched.

Learned counsel, appearing on behalf of the petitioner, has submitted that the petitioner and the informant

Patna High Court Cr.Misc. No.73251 of 2018(2) dt.21-12-2018 2/3 are agnates and because of some family dispute, the occurrence had taken place, for which, the present case and a case being Jhajha P.S. Case No. 253 of 2018 in which the petitioner's son is the informant have been registered. He asserts that the petitioner has also received injury.

Learned counsel, appearing on behalf of the informant, contends that the injury on the informant has been found to be simple in nature. He, however, submits that the case of the prosecution stands supported by the medial report, according to which, the informant has received injuries on his head.

Be that as it may, considering the genesis of occurrence, this application is allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Jamui in JhaJha P.S. Case No.254 of 2018, 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 Police/Court, as the case may be, as and

Patna High Court Cr.Misc. No.73251 of 2018(2) dt.21-12-2018 3/3 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) Ashish/- U