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Patna High CourtCR. MISC./4163/2023allowed

Arun Yadav @ Arun Kumar Yadav v. The State Of Bihar

2023-02-08Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4163 of 2023 Arising Out of PS. Case No.-26 Year-2022 Thana- KOPA District- Saran ====================================================== Arun Yadav @ Arun Kumar Yadav Son Of Pramesh Yadav Resident Of Village- Baldiha, P.S.- Kopa, District- Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 354/34 of the Indian Penal Code.

It appears that vide order dated 07.11.2022, the petition with regard to the petitioner was permitted to be withdrawn since he was arrested by the police. It is submitted by learned counsel for the petitioner that due to communication gap, in place of coaccused Ajay Kumar, the petitioner namely Arun Yadav

Patna High Court CR. MISC. No.4163 of 2023(3) dt.08-02-2023 2/3 was permitted to be withdrawn. In fact, the petitioner has not been arrested till date.

It is a case of assaulting due to which the informant and other family members sustained injuries. It is submitted by learned counsel for the petitioner that petitioner is innocent and in the background of some land dispute, this false case has been lodged against the petitioner. The petitioner is alleged to have assaulted Pratima Devi. The injury report of Pratima Devi suggests the injuries to be simple in nature. There is no accusation of repeating the blow. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.4163 of 2023(3) dt.08-02-2023 3/3 satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Kopa P.S. Case No. 26 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T