Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16204 of 2023 Arising Out of PS. Case No.-183 Year-2020 Thana- PARASBIGHA District- Jehanabad ====================================================== SURENDRA YADAV S/O MUNDRIKA YADAV Resident of VillageBhuwan Bigha, P.S.- Parasbigha District- Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bidhanesh Misra, Advocate For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Parasbigha PS case no. 183 of 2020, registered for the offences punishable under Section 427 and other allied sections of the Indian Penal Code. The case of the prosecution in brief is that on 07.12.2020 at about 10 am in the morning, while the informant was going to Sadar Hospital, Jehanabad, on the way, the accused persons had waylaid him and assaulted him. It is also alleged that the accused persons including the petitioner herein had assaulted the cousin and uncle of the informant causing injuries upon their person.

The learned counsel for the petitioner submits

Patna High Court CR. MISC. No.16204 of 2023(2) dt.19-05-2023 2/3 that the petitioner is innocent and has been falsely implicated in the present case. Though the petitioner is stated to be accused in one another case but he is on bail in the said case. The learned counsel for the petitioner has further submitted that as far as the petitioner is concerned, a general and omnibus allegation has been levelled and he has not been alleged to have engaged in any sort of specific overt act qua the injured persons, hence, he be granted the privilege of anticipatory bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that a general and omnibus allegation has been levelled qua the petitioner herein I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory

Patna High Court CR. MISC. No.16204 of 2023(2) dt.19-05-2023 3/3 bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Jehanabad in connection with Parasbigha PS case no. 183 of 2020, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Mohit Kumar Shah, J) rinkee/- U T