Hari Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34558 of 2017 Arising Out of PS.Case No. -226 Year- 2016 Thana -CHHATAPUR District- SUPAUL ====================================================== Hari Lal Yadav, Son of Babujee Yadav, R/o Village- Chhuni, P.S.- Chhatapur, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Kumar Mehta, Advocate. For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chhatapur P.S. Case No. 226 of 2016 instituted for the offence under Sections 147, 148, 149, 342, 323, 324, 307, 379 and 504 of the Indian Penal Code.

There is allegation against the petitioner that he assaulted the brother of the informant Lalan Yadav with Garansa on his head. It has further been submitted on behalf of the petitioner that there has been free fight. There is case and counter case between the parties.

The learned Sessions Judge in the impugned order has mentioned that although there is allegation that Lalan Yadav was hit by Gransa, but the doctor did not find any sharp cutting injury

Patna High Court Cr.Misc. No.34558 of 2017 (2) dt.25-07-2017 2/2 on his person.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Chhatapur P.S. Case No. 226 of 2016, he shall 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 learned Additional Chief Judicial Magistrate-II, Supaul, 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 case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.