Gulshan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12161 of 2020 Arising Out of PS. Case No.-56 Year-2018 Thana- NOORSARAI District- Nalanda ====================================================== Gulshan Yadav S/o Late Sarayug Yadav @ Saryug Yadav Resident of VillagePaltu Bigha, P.S.- Tharthari, Distt- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lallu Prasad, Adv.

For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-07-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The instant application has been filed by the petitioner for grant of anticipatory bail apprehending his arrest in connection with Noorsarai P.S. Case no. 56 of 2018 registered under sections 147, 149, 341 323, 353, 427, 308, 436, 337 and 504 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that on receiving information about an accident having taken place, the informant along with other police personnel reached the site of accident. It is stated that 50-55 persons came on a pick up vehicle and started to create chaos. In the stone being thrown by them one of the police personnel sustained serious injures. It is stated that the name of four accused persons including the petitioner herein transpired on the statement of local persons.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.12161 of 2020(2) dt.07-07-2020 2/2 the allegations as levelled in the F.I.R. are false. The petitioner has been falsely implicated in the case on the basis of suspicion and instigation of his local enemies. It is for this reason that out of 50-55 persons who were alleged to have reached the place of occurrence, only four persons have been named. The petitioner has no criminal antecedent.

The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case, 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 Noorsarai P.S. Case no. 56 of 2018, 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 Chief Judicial Magistrate, Nalanda, Biharsharif, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) Bibhash/- U T