Ram Karan Yadav @ Ram Karab Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13001 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -PANDAUL District- MADHUBANI ======================================================
1. Ram Karan Yadav @ Ram Karab Yadav, son of Ganga Yadav, resident of Baturi, P.S. Pandaul, District-Madhubani .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP Mr. Vinod Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 06-07-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Pandaul P.S. Case No.162 of 2016 instituted for the offence under Section(s) 147, 148, 149, 341, 323, 324, 354, 307, 379, 504, 427 Indian Penal Code.
It has been submitted on behalf of the petitioner that there had been free fight between the parties on the date of occurrence. Accused, Basant Yadav, has also filed a case against the informant and others vide Pandaul P.S. Case No.165 of 2016 dated 02.08.2016 in which informant and others brutally assaulted the brother of the informant and injured, namely, Ram Parichhan Yadav, sustained grievous injury.
Patna High Court Cr.Misc. No.13001 of 2017 (4) dt.06-07-2017 2/3 It has further been submitted that there is allegation against this petitioner of assaulting the informant and his brother, who sustained simple injury.
As per written report, this petitioner assaulted the informant and his brother with farsa. Injury Reports have been annexed as Annexure-2 series, which show that both injured have sustained simple injury.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Pandaul P.S. Case No.162 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and
(3) if petitioner tampers with the evidence or the witnesses of the
Patna High Court Cr.Misc. No.13001 of 2017 (4) dt.06-07-2017 3/3 case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- U T