Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 65421 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- SARE District- Nalanda ====================================================== VIJAY YADAV, aged about 35 years, Gender-Male, S/o Late Babulal Yadav, R/o village- Ali Nagar, P.S.- Sare, District- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Satya Prakash, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 504, 506 of the Indian Penal Code and later on Section 302 I.P.C. Learned counsel for the petitioner submitted that though the petitioner is named in the first information report, there is no specific overt act attributed to the present petitioner and three persons are said to have been injured out of which one is said to have died. It is further submitted that in view of the fact that there is nothing on record to show that the petitioner alone had demanded Rangdari from the said Guddu Yadav and it was also found that the informant himself was a drunkard for which another case bearing Sare P.S. Case No. 03 of 2019 had been registered, the petitioner may be extended the privilege of bail. It is further submitted that the petitioner is willing and ready to undertake to be present all through

Patna High Court CR. MISC. No. 65421 of 2019(2) dt.05-11-2019 2/2 the course of the trial without absenting himself for two consecutive dates.

It has been submitted on behalf of the petitioner that earlier petitioner has moved for grant of anticipatory bail before this Hon'ble Court mentioned in para 2 of the bail petition with a direction to learned court below to verify as to whether the process issued under Section 82 Cr.P.C. has been exhausted against the petitioner or not and if it has not been exhausted against him, he shall be released on anticipatory bail by the court below itself, otherwise petitioner has to surrender however, petitioner has surrendered before the court below on 20.08.2019.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif, in connection with Sare P.S. Case No. 148 of 2018. (Anjani Kumar Sharan, J) amitkumar/- U T