← Library
Patna High CourtCR. MISC./21772/2018bail granted

Mantu Yadav @ Mantu Kumar Yadav v. The State Of Bihar

2018-04-26Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21772 of 2018 Arising Out of P.S.Case No. -16 Year- 2016 Thana -BHARGAWAN District- ARRARIA ====================================================== MANTU YADAV @ MANTU KUMAR YADAV, S/o Gajendra Yadav, Residence of Village- Bhaiyaram Bisanpur, Ward No.- 10, P.S.- Bhargama, Distt.- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Narayan Mahto For the Opposite Party/s : Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 26-04-2018 Heard.

The petitioner apprehends arrest in connection with Bhargama P.S.Case No.16 of 2016 registered for an offence under Section 307/34 and other Sections of the IPC. It has been submitted that the informant and petitioner are agnates. The grand father of petitioner and grand father of the husband of the informant were full brothers and for a land dispute with respect to ancestral property, the occurrence of assault took place. In the said occurrence, the informant sustained simple injury as it appears from the order whereunder the anticipatory bail petition has been rejected by the court below. Petitioner has no criminal antecedent.

The learned APP opposed the submissions.

Patna High Court Cr.Misc. No.21772 of 2018 (2) dt.26-04-2018 2/2 Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of his arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Araria in connection with Bhargama P.S.Case No.16 of 2016 corresponding to G.R.No.297 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T