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Patna High CourtCR. MISC./52685/2017bail granted

Devnandan Yadav v. The State Of Bihar

2017-12-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52685 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA ======================================================

1. Devnandan Yadav Son of Ramchandra Yadav, R/o Village- Sabaul, P.S.- Simri and District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the State : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Simri P.S. Case No. 67 of 2017 instituted for the offence under Sections-307, 379 & other minor Sections of the Indian Penal Code.

It has been submitted that the instant case is counter blast of Simri P.S. Case No. 66 of 2017 filed by father of the petitioner. From the impugned order itself, it appears that the injury on the person of the injured was found to be simple in nature. Learned APP has stated that the injury report is available in the case diary wherein the injury was found to be simple in nature, caused by hard and blunt substance.

In the written report, it is alleged that the petitioner and other 8 persons arrived and assaulted the informant. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.52685 of 2017 (3) dt.04-12-2017 2/2 allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Simri P.S. Case No. 67 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Darbhanga subject to condition as laid down u/S 438(2) of the 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) A.K.V.