Allowed

Om Prakash Yadav @ Boota Yadav v. The State Of Bihar

Patna HC5 Jul 2018CR. MISC./39172/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the Patna High Court allowed the applicant's prayer for anticipatory bail in a case alleging arson and offenses under the IPC, subject to conditions including surrender within six weeks and maintaining bail bonds.

What did the court decide?

Anticipatory bail allowed upon surrender within six weeks, furnishing bail bond of Rs. 10,000 with two sureties of similar amount, and complying with specified conditions.

Om Prakash Yadav @ Boota Yadav Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39172 of 2018

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Arising Out of PS.Case No. -160 Year- 2018 Thana -BRAHMPUR District- BUXAR

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====================================================== 1. Om Prakash Yadav @ Boota Yadav, son of Sri Lalan Yadav, R/o village- Aakalupur, Ward No.09, Ahiravaran Rai Ke Dera, Dumaron, Hariyana Cattle Farm, P.S.- Brahampur (Krishna Brahm), Dumraon, Distt.- Buxar.

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.... .... Petitioner/s

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Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Ranjan Kr. Pandey, Advocate For the Opposite Party/s : Mr. Sri Bharat Lal, APP For the Informant : Mr. Anant Kumar Pandey, Advocate

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2/ 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

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Petitioner apprehends his arrest in Brahampur (Krishna Brahm) P.S. Case No.160 of 2018 instituted for the offence under Section(s) 447, 341, 504, 506, 436 of Indian Penal Code.

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It is alleged in the written report that the informant was sleeping in his house after taking dinner. He saw fire caught in his hut in front of his house. The petitioner was seen running away from the place of occurrence. It is alleged that food-grains worth Rs.80,000/- was burnt in the hut.

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Counsel for the petitioner has submitted that

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Patna High Court Cr.Misc. No.39172 of 2018 (2) dt.05-07-2018

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petitioner has clean antecedents. Instant case has been filed due to land dispute between the parties. Counsel for the petitioner has further submitted that informant is not an eye-witness. Even if occurrence is taken to be true, then no dwelling house of the informant was burnt. Only hut is alleged to have been burnt where food-grains were kept and, as such, Section 435 Indian Penal Code will be applicable.

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Counsel for the informant has appeared and submitted that petitioner is named in the First Information Report.

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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 Brahampur (Krishna Brahm) P.S. Case No.160 of 2018 , 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 Chief Judicial Magistrate, Buxar, 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

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Patna High Court Cr.Misc. No.39172 of 2018 (2) dt.05-07-2018

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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 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(Sanjay Priya, J)

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JA/- U T

Om Prakash Yadav @ Boota Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Om Prakash Yadav @ Boota Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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