Rahul Yadav @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48643 of 2017 Arising Out of PS. Case No.-314 Year-2016 Thana- RANIGANJ District- Araria ====================================================== Rahul Yadav @ Rahul Kumar S/o Jay Prakash Yadav Resident of villageJagata Kharsahi, Tola Dhanha, P.S.- Raniganj, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. SRI SANJAY KUMAR PANDEY ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Raniganj P.S. Case N0. 314 of 2016, disclosing offences under Sections 147,148, 149, 323, 324, 325, 307, 379, 354B,504 of the Indian Penal Code.

From the First Information Report, it appears that allegedly, the accused persons attempted to dispossess the informant from the field in her possession. The accused persons are said to have assaulted her variously. It is alleged against the petitioner that he assaulted the father-in- law of the informant with farsa on his head causing injury.

Learned counsel for the petitioner has submitted that for an occurrence said to have taken place on the same date and at the

Patna High Court Cr.Misc. No.48643 of 2017(2) dt.10-11-2017 2/3 same time, a case has been registered by petitioner's father-inlaw, Jai Prakash Yadav, who is an accused in the present case. He further submits that the FIR has been registered nearly seven days after registration of the FIR. He also submits that though there is allegation of assault against the petitioner by farsa, injury on the father-in-law of the informant has been found to have been caused by hard and blunt substance, simple in nature.

Considering the above submissions advanced on behalf of the petitioner, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Araria in Raniganj P.S. Case No. 314 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail

Patna High Court Cr.Misc. No.48643 of 2017(2) dt.10-11-2017 3/3 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U