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Patna High CourtCR. MISC./11783/2023allowed

Arvind Yadav @ Arvind Kumar Yadav v. The State Of Bihar

2023-05-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11783 of 2023 Arising Out of PS. Case No.-209 Year-2022 Thana- DHURAIYA District- Banka ====================================================== ARVIND YADAV @ ARVIND KUMAR YADAV S/o Mahadeo Prasad Yadav R/o Village- Gangti, P.S.- Dhoraiya, Distt- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 342, 323, 307, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner alongwith other co-accused persons assaulted the informant and his brothers by means of several weapons due to which they got injured.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that though the injury has been

Patna High Court CR. MISC. No.11783 of 2023(2) dt.18-05-2023 2/2 found grievous in nature, but on 26.05.2022, the brother of the informant namely Subodh Yadaav was returning with his younger brother from lower Court, Banka, in the meantime the informant along with other person murdered Subodh Yadav and for which Dhoraiya P.S. Case No.208 of 2022 against the informant and his family members. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Dhoraiya P.S. Case No.209 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T