Fuldeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44175 of 2015 Arising Out of PS.Case No. -100 Year- 2015 Thana -SONO District- JAMUI ======================================================

1. Fuldeo Yadav S/o Arjun Yadav Resident of Village Bishanpur, P.S. Charkapatthar, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amar Prakash For the Opposite Party/s : Mr. Pramod Kr.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-10-2015 Heard the Counsel for the petitioner and the APP for the State.

The petitioner herein seeks anticipatory bail in connection with Sono P.S. Case No. 100 of 2015 registered under Sections 341, 323, 325, 307, 337 and 379/34 of the Indian Penal Code. Earlier to this, the petitioner had lodged a case vide Annexure-2 against the present prosecution party alleging identical allegation. It is submitted that both parties belong to one common ancestor. There is land dispute between them. A title suit is pending consideration in the Court. Allegation is that the petitioner caused injury on the head by stone. The counter version is that the informant and other accused persons caused injury by pelting stone to the petitioner and his wife. Referring to the injury report, it has been submitted that both parties received superficial

Patna High Court Cr.Misc. No.44175 of 2015 (2) dt.15-10-2015 2/2 injuries.

Considering the particular facts of the case, I am persuaded to extend the privilege of anticipatory bail to the petitioner. In the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Jamui, in Sono P.S. Case No. 100 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T