Jay Narayan Roy @ Jay Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4785 of 2018 Arising Out of PS.Case No. -48 Year- 2016 Thana -KHANPUR District- SAMASTIPUR ====================================================== Jay Narayan Roy @ Jay Narayan Yadav, Son of Baldev Roy, Resident of Village- Bishanpur Aami Tole, Dhaeedh, P.S.- Khanpur, DistrictSamastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Dr. Om Prakash Om, Advocate. For the Opposite Party/s : Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khanpur P.S. Case No. 48 of 2016 instituted for the offence under Sections 341, 323, 427, 324, 307, 379 and 504/34 of the Indian Penal Code. Allegation against the petitioner is that he assaulted the informant with Khanti on his head.
In the written report itself it is mentioned that occurrence has taken place on account of land dispute. Case diary has been received.
The injury report is available in paragraph-13 of the case diary wherein the Doctor has found simple injury on the persons of the informant.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.4785 of 2018 (3) dt.22-02-2018 2/2 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 Khanpur P.S. Case No. 48 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-III, Samastipur, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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.Ali/- U T