Patna High CourtCR. MISC./76068/2018bail granted

Dular Yadav v. The State Of Bihar

2019-01-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76068 of 2018 Arising Out of PS. Case No.-234 Year-2018 Thana- ATRI District- Gaya ====================================================== Dular Yadav Son of Amirak Yadav Resident of Village- Daulatpur, Police Station- Atri, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Atri P.S. Case No. 234 of 2018 for the offence under Sections 341, 323, 379, 307, 504/34 of the Indian Penal Code. It is evident from the First Information Report that some dispute between the parties over passage is the reason behind the occurrence.

Learned counsel for the petitioner has submitted that as per the case of the prosecution, petitioner had inflicted lathi blow on the head of the informant's son, however, the injury has been found to have been caused by a sharp cutting weapon.

Learned counsel for the State has opposed the

Patna High Court Cr.Misc. No.76068 of 2018(3) dt.11-01-2019 2/2 prayer for anticipatory bail.

However, considering the genesis of the occurrence, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gaya, in Atri P.S. Case No. 234 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T