Babban Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65072 of 2018 Arising Out of PS. Case No.-338 Year-2018 Thana- MOHANIYA District- Bhabhua (Kaimur) ====================================================== Babban Yadav, Son of Late Ram Adhar Yadav, Resident of Village Darawa (Mohania), P.S.- Mohania District- Kaimur at Bhabua. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar Singh For the Opposite Party/s :
Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the parties.
Petitioner seeks bail in Mohania P.S. Case No. 338 of 2018 registered for the offence punishable under Section 341, 307, 326, 323, 379, 506/34 of the Indian Penal Code. Informant in his written complaint has stated that petitioner and FIR named accused assaulted father of the Informant by means of Garasha and Lathi and snatched golden chain of the Informant, when he went to save his father. It has been submitted on behalf of the petitioner that three injuries have been sustained by the father of the Informant in which two are grievous and one is simple caused by hard blunt substance. There is land dispute between the parties and petitioner is next door neighbour of the Informant. Similarly, situated co-accused person has been granted bail by a co-
Patna High Court Cr.Misc. No.65072 of 2018(3) dt.05-11-2018 2/2 ordinate bench of this Court vide order dated 02.08.2018 in Criminal Miscellaneous No. 45462 of 2018. Petitioner has got no criminal antecedent and is in custody since 23.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Kaimur at Bhabhua, in connection with Mohania P.S. Case No. 338 of 2018 , with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the 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.
(S. Kumar, J) ranjan/- U