Mritunjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12514 of 2019 Arising Out of PS. Case No.-399 Year-2018 Thana- AMARPUR District- Banka * ====================================================== Mritunjay Yadav aged about 32 years (Male) Son of Sri Nago Yadav Resident of Village-Ghuthiyara, Police Station-Fullidumar, District-Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is seeking anticipatory bail in connection with Amarpur (Fullidumar) P.S. Case No. 399/2018 registered under Sections 341, 323, 307, 325, 379, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that there is a case and counter case of the present occurrence and both sides have two different stories of the alleged occurrence. So far as petitioner is concerned, he has been made accused alleging that he had indulged in beating the husband of the informant by means of Lathi and Danda which has caused fracture in his left hand.

Learned counsel submits that there is no specific

Patna High Court CR. MISC. No.12514 of 2019(2) dt.07-03-2019 2/3 allegation of causing fracture against this petitioner alone. The allegation are against Sunil Yadav and this petitioner that they assaulted the husband of the informant by means of Lathi and Danda. Moreover, injuries found on the body of the husband of the informant are simple in nature.

Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein it appears that there are two different stories of the alleged occurrence, and so far as the present petitioner is concerned, there is no specific allegation against him of causing fracture rather it is a general allegation against the petitioner along with other accused as also that the petitioner has got no criminal antecedent, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka, in connection with Amarpur (Fullidumar) P.S. Case No. 399/2018, subject

Patna High Court CR. MISC. No.12514 of 2019(2) dt.07-03-2019 3/3 to condition that petitioner shall join investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T