Sajjan Yadav @ Sajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11013 of 2023 Arising Out of PS. Case No.-495 Year-2022 Thana- BAHADURPUR District- Darbhanga ====================================================== Sajjan Yadav @ Sajan Yadav Son of Jagan Yadav R/o- Baruara, P.S.- Bahadurpur (Fekla OP), District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 341, 323, 353, 333, 307, 427, 504 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, in short, is that while the police party was returning back from patrolling in the area, the accused persons including the petitioner intervened the police and attacked them. They all were intoxicated. The accused persons also damaged the government vehicle.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in this case. The name of the petitioner has transpired in this case on

Patna High Court CR. MISC. No.11013 of 2023(2) dt.21-04-2023 2/2 disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. No recovery of liquor is said to have been made in the present case. Some drunken people entered into scuffle with the police officer. No grievous injury is said to have been caused to any one in course of scuffle. No offence under Section 307 of I.P.C. is attracted in the present case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve 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 learned Exclusive Special Judge-I (Excise Act), Darbhanga in connection with Bahadurpur (Fekla O.P.) P.S. case No.495 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Narendra/- (Sudhir Singh, J) U T