The Patna High Court allowed an application for anticipatory bail filed by Mahesh Yadav. The Court held that the implication was malicious and arose from land dispute animosity, noting the applicant has no criminal antecedent.
Petitioner granted anticipatory bail bond of Rs. 10,000 with two sureties upon arrest or surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40974 of 2016
Arising Out of PS.Case No. -76 Year- 2016 Thana -KAMTAUL District- DARBHANGA
====================================================== 1. Mahesh Yadav son of Late Butan Yadav Resident of Village-Dudhiya, P.S.-Kamtoul, District-Darbhanga
.... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Jha For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 26-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Kamtaul Police Station Case No. 76 of 2016, disclosing offences under Sections 341/324/307/379/34 of the Indian Penal Code.
The petitioner is said to have assaulted the informant with dagger on his neck, whereafter the informant was taken to Darbhanga Medical Colelge and Hospital, Darbhanga, and subsequently to Patna Medical College and Hospital, Patna.
It is also alleged that the petitioner snatched a sum of Rs. 40,000/- from the informant’s pocket.
Learned Counsel appearing on behalf of the
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petitioner has submitted that implication of the petitioner, in the present case, is malicious and out of retaliation. It has been stated in paragraph 8 of the present application that much prior to lodging of the present First Information Report, the petitioner had got registered Kamtaul Police Station Case No. 154 of 2015, in which informant is an accused and after completion of investigation, Police have submitted charge sheet under various sections of the Indian Penal Code, including Section 307 of the Indian Penal Code against the informant. Learned Counsel for the petitioner has submitted that the present First Information Report has been lodged after filing of charge sheet by the Police in the said Kamtaul Police Station Case No. 154 of 2015. He has also submitted that land dispute and animosity between the parties is evident from the allegations made in the First Information Report itself. It has been stated in paragraph 3 of the application that the petitioner has no criminal antecedent.
Considering the above submissions, this application is allowed.
Let the petitioner, Mahesh Yadav, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like
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amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Kamtaul Police Station Case No. 76 of 2016, subject to the condition 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 bond shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.)
Prabhakar Anand/-c
U √ T √
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging assault and snatching.
Whether the malicious nature of the implication and animosity warrant grant of bail.
2 provisions across 2 enactments
Mahesh Yadav
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
