Pratap Narayan Yadav @ Pratap Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57400 of 2017 Arising Out of PS. Case No.-23 Year-2017 Thana- KAJRAULICHAK District- Bhagalpur ====================================================== Pratap Narayan Yadav @ Pratap Yadav S/o Late Bhuneshwar Yadav, R/o Village- Gourachowki, P.S.- Kajraili, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar For the Opposite Party/s :

Mr. SMT. SUMAN KUMARI SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Kajraili P.S. Case No. 23 of 2017, disclosing offences under Sections 147,148,448,341,323,149,324,325,307,302,427 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel appearing on behalf of the petitioner has submitted, referring to the First Information Report, that no direct allegation of assault is there against him. He has submitted that in similar situation, this Court has granted anticipatory bail to the co-accused Ajablal Yadav, vide order, dated 07.07.2017, passed in Cr. Misc. No. 29423 of 2017 and Ganesh Yadav by order dated 19.08.2017 passed in Cr. Misc. No. 37206 of 2017.

Patna High Court Cr.Misc. No.57400 of 2017(2) dt.13-12-2017 2/2 Learned counsel appearing on behalf of the petitioner is correct in his submission that case of the present petitioner cannot be distinguished from the case of other co-accused persons, who have been granted anticipatory bail by this Court. Considering the above submission, 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 Chief Judicial Magistrate, Bhagalpur in Kajraulichak P.S. Case No. 23 of 2017, 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U