Diwakar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47987 of 2016 Arising Out of PS.Case No. -97 Year- 2016 Thana -SAHKUND District- BHAGALPUR ====================================================== Diwakar Yadav Son of Ramashish Yadav, Resident of VillageMakandpur Police Station- Shahkund, District- Bhagalpur, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neelam Kumari For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 24-11-2016 Heard the counsel for the petitioner and the State. The petitioner prays for grant of bail in Shahkund P.S. Case No. 97 of 2016 registered under section 307 IPC. It is alleged that while the informant and her son Firoz were going on the road, four accused persons intercepted them and assaulted with Lathi, Danda and Khanti.

The contention of the petitioner is that the brother of the petitioner also lodged a case against the prosecution side under section 307 IPC for having assaulted the petitioner and others. It is stated that both parties received simple injuries. Three other accused persons of the present case have since been released on anticipatory bail vide order dated 15.09.2016 (Annexure-6). The petitioner does not carry any criminal antecedents and is in

Patna High Court Cr.Misc. No.47987 of 2016 (2) dt.24-11-2016 2/2 custody since 21.08.2016.

Considering the facts and circumstances of the case, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of SDJM, Bhagalpur in Shahkund P.S. Case No. 97 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) HR/- U T