Harilal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26618 of 2024 Arising Out of PS. Case No.-285 Year-2022 Thana- BARARI District- Katihar ====================================================== Harilal Yadav S/o Late Jagdih Yadav R/o vill - Lakshmipur, P.S. - Barari, Distt. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Balkrishna Mishra, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 143, 447, 341, 323, 307, 379, 504, 506, 354 of the IPC in connection with Barari P.S. Case No.285 of 2022.
3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 17.09.2022 male members of the family had gone out to sell vegetables during the time of festival, when at 10:30 AM all the named accused persons along with the petitioner entered the house of the informant and started
Patna High Court CR. MISC. No.26618 of 2024(2) dt.01-08-2024 2/3 abusing. On protest, it is alleged petitioner assaulted the informant by an iron rod causing injury on her head and took away her silver ornaments and thereafter everyone assaulted the daughter and sister-in-law of the informant.
4. The learned counsel submits that petitioner has been falsely implicated in the instant case, it is also submitted petitioner and the informant are neighbours and are having dispute relating to property and the date of occurrence is 17.09.2022 and the FIR came to be instituted on 25.09.2022 i.e. after a delay of more than seven days, which casts an aspersion on the case of the prosecution and there is no injury report on record.
5. The learned APP opposes the anticipatory bail application.
6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, III, Katihar in connection with Barari P.S. Case No.285 of 2022,
Patna High Court CR. MISC. No.26618 of 2024(2) dt.01-08-2024 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T