Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8489 of 2023 Arising Out of PS. Case No.-133 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== PAWAN YADAV Son of Late Laro Yadav @ Late Laso Yadav Resident of Village - Pirnagra, P.S.- Beldaur, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-05-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for grant of anticipatory bail in connection with Beldaur P.S. Case No.133 of 2022, registered for offences under Sections 341, 323, 307 and 34 of the IPC and Section 27 of the Arms Act.

The allegation is regarding the accused persons having intercepted the son of the informant while he was going to the house of one Bijendra Yadav for having dinner, whereafter the co-accused person, namely, Ashish Kumar had assaulted him by iron rod, resulting in him falling

Patna High Court CR. MISC. No.8489 of 2023(2) dt.18-05-2023 2/3 down and then the petitioner and one another accused person are stated to have fired in the air. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against the accused persons and as far as the petitioner is concerned, no allegation has been levelled regarding him having assaulted the son of the informant, hence, he is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has not been alleged to have assaulted the son of the informant as also he is

Patna High Court CR. MISC. No.8489 of 2023(2) dt.18-05-2023 3/3 having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria in connection with Beldaur P.S. Case No.133 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/Saurav U T