Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21219 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Kishor Yadav Son of Sitaram Yadav Resident of Village- Divari, P.S.- Sonbarsa, Kachahari, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar, Advocate For the Opposite Party : Mr. Sangeeta Sharma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 10-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Saharsa Sadar P.S. Case no. 54 of 2016 for offences alleged under Sections 323, 384, 324, 307 and 504/34 of the Indian Penal Code. The allegation against the petitioner is that he gave knife blow near the ear of the informant causing bleeding injury and also snatched Rs. 12,000/- from the pocket of the informant. It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case. He submits that the injury has been found to be simple in nature and the matter has been compromised as between the parties as is evident from Annexure-2 of this application. It has

Patna High Court Cr.Misc. No.21219 of 2016 (2) dt.10-08-2016 2/2 further been submitted that the allegation of snatching away twelve thousand rupees as rangdari is false as nothing has been recovered from the possession of the petitioner as yet. However, learned APP for the State submits that the petitioner is named in the FIR, hence, opposes the prayer for bail. Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 54 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

It is, however, made clear that since the petitioner is an accused in another case, if in future the petitioner indulges in a similar offence as the present one, the learned court below will be at liberty to cancel the bail bond of this petitioner without being prejudiced of this order.

(Nilu Agrawal, J.) ravi/- U T