Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7531 of 2018 Arising Out of PS. Case No.-721 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== Uday Yadav, S/o-Narayan Yadav Resident of Village-Kumaharchakki, P.S.- Muffasil, District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Chandra, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Khagaria (Muffasil) P.S. Case No. 721 of 2017, instituted for the offence under Sections 341,323,379,307,504 of the IPC and Section 27 of the Arms Act.

It is alleged in the written report that when informant had gone to cut grass, the petitioner abused the informant and also entered into altercation and snatched golden locket of Hanuman jee. The petitioner opened fire, but informant saved himself. Learned counsel for the petitioner has submitted that the FIR has been lodged after delay of 24 hours of the occurrence. There is no injury sustained by the informant, which appears from the FIR.

In such circumstances, prayer for anticipatory bail is allowed

Patna High Court Cr.Misc. No.7531 of 2018(3) dt.22-03-2018 2/2 and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Khagaria (Muffasil) P.S. Case No. 721 of 2017, to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, subject to condition as laid down u/S 438 (2) of the Cr. P.C.

with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (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.