Debu Yadav @ Dev Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12754 of 2023 Arising Out of PS. Case No.-176 Year-2022 Thana- ANDHRATHARHI District- Madhubani ====================================================== Debu Yadav @ Dev Kumar Yadav Son Of Late Sundar Yadav R/V- Andhra, P.S.- Andhrathadhi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Prasad For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code. As per the prosecution case, the petitioner along with other accused person is said to have assaulted the informant by means of farsa, lathi, danda over his head. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is case and counter case between the parties and both sides have sustained injury. He further submits

Patna High Court CR. MISC. No.12754 of 2023(2) dt.19-05-2023 2/2 that from the injury report it appears that the injury sustained by the informant is simple in nature caused by hard and blunt substance. Petitioner has two criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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 Andhrathadi P.S. Case No. 176 of 2022, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T