Lakhichand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49348 of 2018 Arising Out of PS.Case No. -73 Year- 2018 Thana -KOPA District- SARAN ======================================================

1. Lakhichand Yadav, S/o Late Shanehi Yadav, Resident of VillageVankata, P.S.- Kopa, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjana For the Opposite Party/s : Mr. Sri Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kopa P.S.Case No.73 of 2018 , registered for offences punishable under Sections 147, 148, 323, 325, 307, 379, 504, 506 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is that they stopped the informant from fixing window and when she protested she was assaulted and when her husband and son came for her rescue, they were also assaulted by lathi, danda and rod.

Submission of the learned counsel for the petitioner is that the petitioner is aged about 70 years, which will appear from the FIR itself and no specific allegation has been attributed against him and there is case and counter case.

Patna High Court Cr.Misc. No.49348 of 2018 (2) dt.28-08-2018 2/2 Heard learned A.P.P. and the learned counsel for the informant .They have opposed the prayer for bail. According to him there is injury in the index finger and on the shoulder. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-5th, Saran at Chapra in connection with Kopa P.S.Case nO.73 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(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 co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T