Mukesh Yadav @ Mukesh Kumar Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48936 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -KARENDE District- SEKHPURA ======================================================

1. Mukesh Yadav @ Mukesh Kumar Yadav,

2. Pintu Yadav, both are sons of Kapil Yadav, resident of villageChhatiyara, Police Station- Karandey, District- Sheikhpura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-08-2018 By order dated 10.08.2018, this application has already been dismissed as withdrawn with respect to petitioner No.2-Pintu Yadav.

Heard learned counsel for the petitioner No.1 and learned APP for the State.

Petitioner No.1 apprehends his arrest in Karandey P.S. Case No.24 of 2018 instituted for the offence under Section(s) 341, 323, 324, 307, 504 and 506/34 Indian Penal Code.

Counsel for the petitioner submits that in the written report there is specific allegation against Karu Yadav of assaulting the informant and his brother, Sulendra Yadav, with Khanti on his head. It is further alleged that when the informant went to save his brother, Vikko Yadav and Bauna @ Santosh

Patna High Court Cr.Misc. No.48936 of 2018 (3) dt.27-08-2018 2/2 Yadav assaulted him with Khanti.

There is general and omnibus allegation against petitioner No.1 that he also assaulted with lathi. In the facts and circumstances of the case, prayer of the petitioner No.1 for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner No.1, named above, within six weeks from today in connection with Karandey P.S. Case No.24 of 2018, he shall 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 the Judicial Magistrate, 1st Class, Sheikhpura, subject to the conditions as laid down under Section 438(2) 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bonds 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) JA/- Rohit Kr.

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