Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15679 of 2021 Arising Out of PS. Case No.-222 Year-2019 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.

SUBHASH YADAV S/o Late Dipnarayan Yadav Resident of VillageSadipur, P.S.- Pirpainti, District- Bhagalpur. 2.

Chhotu Yadav S/o Late Dipnarayan Yadav Resident of Village- Sadipur, P.S.- Pirpainti, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vibhakar Kumar For the Opposite Party/s :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-03-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pirpainty P.S. Case No. 222 of 2019 registered under Sections 341, 323, 379, 307, 504, 354(A), 506 and 34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. There is no specific allegation against the petitioner no. 1. Further submission is that petitioners have no criminal antecedent.

Learned A.P.P. appearing on behalf of the State opposed

Patna High Court CR. MISC. No.15679 of 2021(7) dt.21-03-2022 2/2 the prayer of petitioner no. 2 by contending that the first information report itself shows that there is direct allegation of assault by means of iron rod against him on the head of the informant. The injury report also corroborates the same. Having considered the facts and circumstances of the case, prayer of the petitioner no. 2 for grant of anticipatory bail is rejected.

So far as prayer of petitioner no. 1 is concerned, his prayer for grant of anticipatory bail is allowed. Let the above named petitioner no. 1 be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Additional Chief Judicial Magistrate-XI, Bhagalpur in connection with Pirpainty P.S. Case No. 222 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

utkarsh/- (Arvind Srivastava, J) U T