Patna High Court - Orders
Nagdeo Yadav vs The State Of Bihar on 31 January, 2012
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2235 of 2012
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Nagdeo Yadav
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH)
3 31-01-2012Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered under Sections 147, 149, 341, 323, 307, 364 and 504 of the Indian Penal Code, section 27 of the Arms Act and section 17 of the C.L.A. Act.
It is alleged that ten to fifteen persons assaulted Rajesh Vishwakarma on the pretext of the victim being a pick pocket. Subsequently, Rajesh Vishwakarma was taken to a temple where also he was assaulted. The informant identified the petitioner and one Vikas Yadav.
It is submitted by learned counsel for the petitioner that charge sheet has not been submitted under section 364 IPC and final report reflects that Rajesh Vishwakarma received abrasion injury simple in nature whereas the other victim 2 Patna High Court Cr.Misc. No.2235 of 2012 (3) dt.31-01-2012 2/2 Dharmendra Kumar received no injury. Hence, prima facie the case under section 307 IPC is not made out.
Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No. 90 /2009 subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J.) Anil/-