Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10017 of 2024 Arising Out of PS. Case No.-135 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Suresh Yadav S/O Bagedan Yadav R/O Village- Nagopur, P.S- Ara Muffasil, Distt.- Bhojpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-07-2024 Heard Mr. Rajani Ranjan Pd. Singh, learned counsel appearing on behalf of the petitioner and Mr. Shyameshwar Dayal, learned APP appearing on behalf of the State.

2. The petitioner seeks anticipatory bail in connection with Ara (M) P.S. Case No.135 of 2023 for the offences under sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, all the accused persons named therein, including the present petitioner, had assaulted the informant and her son by means of lathi, danda and rod, due to which, son of the informant had sustained injury on his head. Further allegation is that the present petitioner had assaulted on the head of the son of the informant, namely, Raghu Yadav.

Patna High Court CR. MISC. No. 10017 of 2024(4) dt.20-07-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submits that general and omnibus allegation has been made against the petitioner and specific allegation of assault has been made against one Usha Devi. Injuries sustained on the head of the son of the informant are simple in nature, which may have been attributed to the petitioner but the petitioner had no intention to commit such crime. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner, as well as, injuries being simple in nature and petitioner has clean antecedent, the District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court, within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Bhojpur at Ara in connection with Ara (M) P.S. Case No.135 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No. 10017 of 2024(4) dt.20-07-2024 3/3

7. The District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.) Ashishsingh/- Sudhanshu/- U T