Mulayam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22517 of 2024 Arising Out of PS. Case No.-764 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Mulayam Yadav S/o Hukumdev Yadav R/o vill - Mani @ mani Balha, P.S. - Bhuskal, Distt. - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kanchan Jha For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State Mr. Chandra Bhushan Prasad along with learned counsel for the informant.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 325, 379, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that petitioner is a person with clean antecedent and in sum and substance the allegation against the petitioner is that he assaulted the informant by an iron rod causing injury on head. The learned counsel next submits that though in the F.I.R. it is alleged that the petitioner assaulted the
Patna High Court CR. MISC. No.22517 of 2024(2) dt.24-04-2024 2/3 informant by an iron rod causing injury on head on 27.10.2023 but from the injury report of the injured, it would manifest that the doctor has opined that the injury is dated 25.10.2023 and is simple in nature. It is thus submitted that this amply demonstrates that the petitioner has been falsely implicated for ulterior reason.
4. Learned A.P.P. Mr. Chandra Bhushan Prasad and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail of the petitioner but then are not in a position to rebut the submission of the learned counsel for the petitioner that injury is simple in nature and the doctor in injury report has recorded that the injury is dated 25.10.2023 when informant alleges that he was assaulted on 27.10.2023.
5. 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 trial court where the case is pending/successor court in connection with Sadar P.S. Case
Patna High Court CR. MISC. No.22517 of 2024(2) dt.24-04-2024 3/3 No.764/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. The injury report is taken on record.
(Satyavrat Verma, J) amit/- U T