Naresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8604 of 2018 Arising Out of PS.Case No. -63 Year- 2016 Thana -PHULPARAS District- MADHUBANI ======================================================
1. Naresh Yadav, son of late Ram Charan Yadav, resident of village-Bahu Arwa, P.S.-Phulparas, District-Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish Kumar No.13, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 05-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Phulparas P.S. Case No.63 of 2016 instituted for the offence under Section(s) 147, 148, 149, 323, 324, 307, 379, 504 Indian Penal Code. Counsel for the petitioner submits that there is counter case also filed by the daughter of this petitioner vide Phulparas P.S. Case No.70 of 2016.
In the instant case, there is allegation that petitioner assaulted the informant with axe causing injury on the head when the informant raised protest for carrying the wood of the informant without his consent.
The Additional Sessions Judge has mentioned in the impugned order that doctor has found injury to be simple in
Patna High Court Cr.Misc. No.8604 of 2018 (3) dt.05-04-2018 2/3 nature.
Learned APP has submitted that Injury Report of Shatrughan Yadav is available in para 35 of the case diary, wherein, one stitched wound on right parietal region of size 3" x 1⁄2" was found and the opinion was kept reserved. There is no repetition of blow.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Phulparas P.S. Case No.63 of 2016, 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 Additional Chief Judicial Magistrate, II, Jhanjharpur, Madhubani, 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 bond and (3) if petitioner tampers with the evidence or the
Patna High Court Cr.Misc. No.8604 of 2018 (3) dt.05-04-2018 3/3 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/- U T