Patna High Court - Orders
Kameshwar Yadav & Anr. vs The State Of Bihar on 13 May, 2014
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
Patna High Court Cr.Misc. No.12972 of 2014 (2) dt.13-05-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12972 of 2014
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1. Kameshwar Yadav S/O Late Laxman Yadav
2. Binod Yadav S/O Kapleshwar Yadav
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL ORDER
2 13-05-2014Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 1 with a liberty to surrender before the Court below within a fortnight and seek regular bail, which shall be considered on its own merit.
Permission is granted.
Accordingly, this application with respect to petitioner no.1, in connection with Raghopur P.S. Case No. 162 of 2013, pending before Sub-Divisional Judicial Magistrate, Birpur, Supaul stands disposed of as withdrawn with the aforesaid liberty.
Petitioner no.2, apprehending his arrest in connection with a case registered for the offence punishable under Sections 147, 148, 341, 323, 324, 379, 307, 504 and 506 of the Indian Penal Patna High Court Cr.Misc. No.12972 of 2014 (2) dt.13-05-2014 Code, is one of the named accused in this case of assault with allegation of inflicting injury upon son of the informant.
Submission is of false implication and the said Rajendra Yadav (son of the informant) sustained no injury. Further he carries no criminal antecedent.
If it is so, considering the facts and circumstances of the case, in the event of his arrest or surrender before the court below within four weeks, let petitioner no. 2 abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Birpur, Supaul, in connection with Raghopur P.S. Case No. 162 of 2013, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
(Akhilesh Chandra, J) Ashwini/-