Sarkas Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11778 of 2020 Arising Out of PS. Case No.-169 Year-2017 Thana- SONO District- Jamui ====================================================== SARKAS YADAV Son of Hanso Yadav Resident of Village - Rajaun, P.S.- Sono (Charka Pathar), District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, Adv.
For the Opposite Party/s :
Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Sono (Charka Pathar) P.S. Case No. 169 of 2017, registered under sections 147, 341, 323, 307, 379, 427 and 504 of the Indian Penal Code.
As per allegation in the FIR, while the informant along with his son were working in their agricultural field, it is stated that eleven named accused persons including the petitioner, Narayan Yadav, Kaleshwar Yadav, Pappu Yadav and others came there variously armed and on the orders of Kaleshwar Yadav, all of them assaulted the son of the informant as a result of which he fell down injured.
Patna High Court CR. MISC. No.11778 of 2020(2) dt.22-06-2020 2/3 It is submitted by learned counsel for the petitioner that the petitioner has been been falsely implicated in the case. The allegations are general and omnibus in nature. There is case and counter case between the parties and the case of the petitioners stand on a similar footing to that of a number of coaccused who have been enlarged on anticipatory bail vide orders passed in Cr. Misc. No. 34355 of 2018, Cr. Misc. No. 46279 of 2018, Cr. Misc. No. 25013 of 2019 and Cr. Misc. No. 13053 of 2020.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the allegation being general and omnibus in nature, grant of bail to other co-accused and the petitioner not having criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Sono (Charka Pathar) P.S. Case no. 169 of 2017, he will be enlarged on bail 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
Patna High Court CR. MISC. No.11778 of 2020(2) dt.22-06-2020 3/3 Magistrate-1st, Jamui subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Partha Sarthy, J) sushma/- U T