Yogendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16383 of 2023 Arising Out of PS. Case No.-464 Year-2022 Thana- BARHARIA District- Siwan ====================================================== YOGENDRA SAH SON OF NATHUNI SAH R/O VILLAGE- SANI KURWA, P.S.- BARHARIA, DISTRICT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Bardhan Pandey, Advocate For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2023 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, 324, 326, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on 28.10.2022 while he along with his grandson was in his field, the petitioner along with other accused persons came variously armed with lathi and farsa at his door and started abusing him and the petitioner gave orders to kill both of them, accordingly Sandeep assaulted with farsa causing injury on the left hand of the grandson of the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.16383 of 2023(2) dt.25-05-2023 2/2 petitioner has been falsely implicated in the present case, it is next submitted that no specific allegation of assault is alleged against the petitioner though he has been made an accused by alleging that he was an order giver. It is next submitted that even injury caused to Vikash is on non-vital part of the body and Sandeep is alleged to have assaulted.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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 Barharia P.S. Case No. 464 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T