Ram Sewak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29257 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== RAM SEWAK YADAV S/O Late Lala Yadav Resident of Village Asani, PS - Magadh University, Bodh Gaya, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Magadh University P.S. Case no. 101 of 2020 instituted for the offence under Sections 147, 148, 149, 323, 324, 307, 341, 504 and 506 of the Indian Penal Code.

As per allegation in the FIR, several accused persons

Patna High Court CR. MISC. No.29257 of 2021(3) dt.08-02-2022 2/3 including the petitioner started to abuse the informant and his family members. Five sons of the petitioner came there armed with various weapons and started to assault the informant and his family members resulting into severe injuries. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. There is case and counter case. Both parties are agnates. Member of both parties have sustained injuries in the alleged occurrence. As per injury report, informant has received grievous injury caused by hard and blunt substance but as per FIR, petitioner has given Farsa blow to the informant, thus it appears that there a contradiction in the version of the FIR and the injury report.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Magadh University P.S. Case no. 101 of 2020, he will be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.29257 of 2021(3) dt.08-02-2022 3/3 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Gaya subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U