Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 46147 of 2015 Arising Out of PS.Case No. -128 Year- 2015 Thana -SHEOSAGAR District- SASARAM (ROHTAS) ====================================================== Pappu Yadav S/o Ramdhani Yadav, R/o Village - Mor, P.S. - Sheosagar, District- Rohtas.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Parmanand Prasad (App) Mr. Rajesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

14-10-2015 Heard Sri Sanjay Kumar Tiwary, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Sri Rajesh Kumar Singh, learned counsel, who has voluntarily appeared on behalf of informant.

The sole petitioner, apprehending his arrest in connection with Sheosagar P.S. Case No. 128 of 2015 registered for the offence under Sections 341, 323, 504, 506, 436/34 of the Indian Penal Code, has prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioner that there is case and counter case in between the parties. He submits that virtually the dispute was in respect of a government land, over which, the informant side were trying to construct a hut and thereafter, occurrence had taken place. In the said occurrence, the informant side were aggressor and as such, on the same

Patna High Court Cr.Misc. No.46147 of 2015 (2) dt.14-10-2015 2/2 date, another F.I.R. was lodged against the informant of the present case and other accused persons. He further submits that save and except the petitioner, all other accused persons in the present case have already been extended the privilege of anticipatory bail by the court below.

Learned counsel for the informant has opposed the prayer of the bail, on the plea that there is specific accusation against the petitioner for setting up fire in the hut of the informant. Keeping in view the fact that save and except petitioner, all other accused persons have already been extended the privilege of anticipatory bail as well as the fact that there is case and counter case, in the event of arrest or surrender within a period of eight weeks from today, let the petitioner namely Pappu Yadav be enlarged 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, Rohtas at Sasaram/concerned court in connection with Sheosagar P.S. Case No. 128 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T