Ramjit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12577 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Ramjit Yadav S/o Ram Sevak Yadav R/o Akoani, P.S. - Daudnagar, Dist. - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354, 379 and 504/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case in which he is on bail. It is further submitted that informant alleges that the petitioner came to the house of the informant and assaulted his son Pappu Kumar by lathi causing injury on his head and thereafter Dharmendra Yadav assaulted the informant with lathi as a result of which he sustained thumb injury. Thereafter, the petitioner and his wife entered the house of the informant and took away Rs.50,000/-.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.12577 of 2024(3) dt.25-07-2024 2/2 from perusal of the order impugned, it would manifest that the injury report records abrasion on left thumb when allegation is of assault by the petitioner on head by lathi as such the injury report does not corroborate the allegation of assault. It is further submitted that allegation of taking away Rs.50,000/- is ornamental and in the nature of allegation Section 307 of the Indian Penal Code is not made out.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Daudnagar P.S. Case No. 330 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T