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Patna High CourtCR. MISC./16930/2017bail granted

Navlesh Yadav v. The State Of Bihar

2017-05-11Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.16930 of 2017 (2) dt.11-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16930 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -KAUAKOL District- NAWADA ====================================================== Navlesh Yadav, Son of Muni Yadav , Resident of Village- Chhabail, P.S. - Kawakole, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Deepak Kumar, Advocate. For the Opposite Party/s : Mr. Asharaf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kawakole P.S. Case No. 58 of 2016 instituted for the offence under Sections 341, 323, 307 and 504/34 of the Indian Penal Code. As per written report this petitioner along with other accused persons assaulted the informant with lathi. The injury report has been annexed as Annexure 2 which shows that all the injuries were found to be simple in nature caused by hard and blunt substance. There is no specific overt act alleged against the petitioner. It is mentioned in the written report that occurrence took place due to dispute of casting vote.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.16930 of 2017 (2) dt.11-05-2017 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kawakole P.S. Case No. 58 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-IV, Nawada, 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.Ali/- U T