Patna High CourtCR. MISC./13037/2016bail granted

Jitendra Yadav v. The State Of Bihar

2016-07-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13037 of 2016 Arising Out of PS.Case No. -168 Year- 2015 Thana -AMAS District- GAYA ====================================================== Jitendra Yadav, S/o Kailash Yadav, R/o Village- Lembua, P.S. Amas, District- Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-07-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Amas P.S. Case No. 168 of 2015, disclosing offences under Sections 341, 323, 307 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the occurrence is alleged to have taken place on 29.08.2015 for which the present F.I.R. has been filed on 21.10.2015, i.e., 53 days after the alleged date of occurrence. Learned counsel for the petitioner has submitted that there is no plausible explanation for delay in lodging the F.I.R.

I find substance in the above submission.

Patna High Court Cr.Misc. No.13037 of 2016 (4) dt.11-07-2016 2/2 This application is accordingly allowed. Let the petitioner, abovenamed, 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati in the district of Gaya in connection with Amas P.S. Case No. 168 of 2015, subject to the condition 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ajaypd./- U T