Manoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19363 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- VISHNUPAD District- Gaya ====================================================== Manoj Yadav son of Jagdeo Yadav R/O VILL-KHATKACHAK, NAILI, PSMAGADH MEDICAL, DIST-GAYA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kishore Sinha For the Opposite Party/s :
Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that Binod Yadav along with this petitioner assaulted the informant by sword and iron pipe causing injury on his head and other accused persons also assaulted him on his head and other portion of the body. It is next submitted that no doubt the allegation is of assault but then the injury suffered by the injured is simple in nature as would manifest from Annexure-2 to the
Patna High Court CR. MISC. No.19363 of 2024(2) dt.08-04-2024 2/3 anticipatory bail application which is the injury report. It is next submitted that the petitioner will not abscond rather will cooperate in the investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. Considering the submissions made by the learned counsel for the petitioner and the fact that allegation of assault is on all the accused persons and the nature of injury suffered is simple in nature, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Vishnupad P.S. Case No. 291 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. One of the bailors of the petitioner shall be his father, Jagdeo Yadav.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite
Patna High Court CR. MISC. No.19363 of 2024(2) dt.08-04-2024 3/3 giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner forthwith.
8. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.
(Satyavrat Verma, J) Rishabh/- U T