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Patna High CourtCR. MISC./36820/2016bail granted

Karmbir Yadav @ Karmbir Kumar Yadav And ANR v. The State Of Bihar

2016-09-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36820 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Karmbir Yadav @ Karmbir Kumar Yadav, son of Krishnadeo Yadav

2. Amit Yadav, Son of Debu Yadav, Both are resident of village- Dudhiya, P.S- Kamtaul, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Iqbal Asif Niazi For the Opposite Party/s : Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-09-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kamtaul Police Station Case No. 49 of 2016, disclosing offences under Sections 341/323/324/307/504/ 506/448/427/354A/379/34 of the Indian Penal Code. Learned Counsel for the petitioners has submitted that for an occurrence, which had taken place on 06.04.2016, the father of petitioner no. 1 had lodged a First Information Report, giving rise to Keoti Police Station Case No. 43 of 2016. For the same occurrence, as counter blast, the present First Information Report has been lodged 3 (three) days after the date of occurrence. He has, accordingly, submitted that lodging of the present First Information Report is nothing, but a retaliation to the

Patna High Court Cr.Misc. No.36820 of 2016 (2) dt.08-09-2016 2/2 earlier First Information Report lodged by the father of petitioner no. 1.

Considering the above submission, this application is allowed.

Let the petitioners, namely, Karmbir Yadav @ Karmbir Kumar Yadav and Amit Yadav, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Shamim Raza, learned Judicial Magistrate, 1st Class, Darbhanga, in connection with Kamtaul Police Station Case No. 49 of 2016, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √