Partly allowed

Dilip Kumar Yadav and Ors. v. The State Of Bihar

Patna HC18 Jan 2019CR. MISC./1225/2019

Case brief

AI extract

What is this about?

This oral order considers an application for anticipatory bail arising from a criminal case involving assault and grievous hurt. The court rejected the bail plea for petitioner no.1 due to criminal antecedents, directing him to seek regular bail by surrender. Conversely, it granted the application for petitioner nos.2 and 3 subject to specific bail conditions and a time limit.

What did the court decide?

Application allowed for petitioner nos. 2 & 3 subject to surrender/arrest within six weeks and bail bond of Rs. 25,000 with two sureties. Application dismissed for petitioner no. 1; directed to surren

Dilip Kumar Yadav and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1225 of 2019

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Arising Out of PS. Case No.-300 Year-2018 Thana- TURKAULIYA District- East Champaran

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======================================================

¶4

Dilip Kumar Yadav

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Bhushan Rai,

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Shailendra Kumar, All sons of Chandrika Prasad, All residents of VillageJaisinghpur Karmawa, P,S- Turkauliay, District-East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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2 18-01-2019

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This is an application for grant of anticipatory bail in connection with Turkauliya P.S. Case No. 300 of 2018, disclosing offences under Sections 341, 323, 325, 307, 379, 504, 34 of the Indian Penal Code and Section 27 of the Arms Act.

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Allegation against petitioner no.1 is of assault by the Butt of pistol to the informant and there is also allegation of assault against petitioner nos. 2 & 3 with lathi and fatta. It further appears that petitioner no.1 is accused in two other cases of Section 307.

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Submission of learned counsel for the petitioners is that the petitioners and informant are neighbours and there is a dispute with respect to passage (Rasta) and due to that they falsely been implicated in this case.

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Patna High Court Cr.Misc. No.1225 of 2019(2) dt.18-01-2019 2/2

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Heard learned A.P.P. also.

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Having heard both sides, considering the above submission and criminal antecedent, so far petitioner no.1 is concerned, I am not inclined to grant anticipatory bail to him, rather he should surrender and make prayer for regular bail, which will be considered on its own merit.

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So far petitioner nos.2 & 3 are concerned, this application is allowed. Let the petitioner nos.2 & 3, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. Case No. 300 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

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With the above observation, this application is disposed of.

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(Vinod Kumar Sinha, J)

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Amjad/-

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U T

Dilip Kumar Yadav and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Dilip Kumar Yadav and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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