Hajari Yadav @ Hardev Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20935 of 2023 Arising Out of PS. Case No.-453 Year-2019 Thana- MAKHDUMPUR District- Jehanabad ====================================================== HAJARI YADAV @ HARDEV PRASAD SON OF SURYADEV YADAV R/O VILLAGE- SERTHUA P.S.- MAKHDUMPUR (TEHTA), DISTRICTJEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 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 147, 148, 149, 341, 323, 307, 302, 427, 379 and 504 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of assaulting the elder brother of the informant and looting the shop, further the elder brother of the informant on account of assault died in hospital.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that allegation of assault is general and omnibus in nature, it is further submitted that the police had also submitted Final Form in favour Surendera Saw and the learned

Patna High Court CR. MISC. No.20935 of 2023(2) dt.26-06-2023 2/2 Trial Court differing with the police report had taken cognizance that Surendera Saw moved before this Court by filing Cr. Misc. No. 14300 of 2022 seeking anticipatory bail and the same was allowed by order dated 12.10.2022 as would be evident from Annexure-2 to the anticipatory bail application, it is next submitted that case of the petitioner is on similar footing and thus seeks parity.

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 trial court 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 trial court where the case is pending/successor court in connection with Makhdumpur P.S. Case No. 453 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T