Patna High CourtCR. MISC./50103/2016bail granted

Chandresh Yadav @ Chandesh Yadav v. The State Of Bihar

2016-11-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50103 of 2016 Arising Out of PS.Case No. -139 Year- 2016 Thana -BELAGANJ District- GAYA ====================================================== Chandresh Yadav @ Chandesh Yadav Son of Sidheshwar Yadav, resident of Village Kabirpur, P.S. Belaganj, District Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Lilawati Singh, Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147,148, 149, 323, 324, 325, 326, 307 and 379 of the Indian Penal Code and Section 27 of the Arms Act. Allegation is that the accused persons including the petitioner have assaulted the informant's brother, namely, Jitendra Yadav and his wife Surila Devi be means of lathi, khanti, iron rod, due to which they sustained injuries and they also snatched golden ear ring, mangal sutra etc from the possession of Surila Devi. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court Cr.Misc. No.50103 of 2016 (2) dt.23-11-2016 2/2 petitioner has falsely been implicated in the present case. The injury report does not support the allegations made in the F.I.R. The nature of injury is said to be simple. Hence, no offence under Section 307 I.P.C. is made out.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Belaganj P.S. case No.139 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T