Akhilesh Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.36914 of 2017 (2) dt.10-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36914 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -NARDIGANJ District- NAWADA ====================================================== Akhilesh Yadav Son of Naresh Yadav Resident of Village -Hiramanbigha, P.S.-Nardiganj District-Nawada.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Nardiganj P.S. Case No. 05 of 2017 instituted for the offence under Sections-307, 379, 354(A), 452 & other minor Sections of the Indian Penal Code. It has been submitted that there is case and counter case between the parties. In the counter case i.e. Nardiganj P.S. Case No. 09 of 2017, the father of the petitioner and other family members sustained injury. In the instant case, there is allegation against this petitioner that he assaulted Jaishree Devi on the head by butt of the pistol. The injury report has been produced by counsel for the petitioner during hearing of the bail petition, wherein the doctor has found the injury to be simple in nature, caused by hard and blunt substance.
In such circumstances, prayer for anticipatory bail is allowed
Patna High Court Cr.Misc. No.36914 of 2017 (2) dt.10-08-2017 and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Nardiganj P.S. Case No. 05 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Nawada subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T