Rajesh Yadav @ Fulka @ Fulanga v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6698 of 2023 Arising Out of PS. Case No.-46 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== RAJESH YADAV @ FULKA @ FULANGA S/O BACHA YADAV R/vNayatol, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 341, 323, 324, 354B, 379, 504, 506/34 of the Indian Penal Code.

As per the FIR, on 7.02.2020, this petitioner along with other co-accused persons assaulted the informant with lathi-danda, farsa and rod. It is further alleged that the petitioner and other co-accused wanted to get the informant's house vacated forcibly.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. There is delay of one day in lodging the FIR for which there is no explanation. Informant is own cousin brother of the petitioner. No such occurrence as narrated in the FIR has taken

Patna High Court CR. MISC. No.6698 of 2023(2) dt.17-04-2023 2/2 place and sections 354 and 379 are ornamental. There is land dispute between the parties. Petitioner claims clean antecedent. Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional judicial Magistrate, Pupri at Sitamarhi in Nanpur P.S. case no.46 of 2020 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T