Jyotish Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30650 of 2021 Arising Out of PS. Case No.-80 Year-2018 Thana- PANJWARA District- Banka ====================================================== JYOTISH KUMAR YADAV Son of Parmanand Yadav @ Parmanand Das Resident of Village- Ramkol, P.S.- Panjwara, Distt- Banka. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Panjwara P.S. Case No. 80 of 2018 registered under Sections 341, 323, 307, 379, 504, 506, 34 of the Indian Penal Code.

Prosecution case in short is that the petitioner along with others came to the informant's house and started abusing his nephew. On protest, the petitioner and others assaulted the informant's nephew and while the informant intervened to rescue his nephew, he was also assaulted.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.30650 of 2021(2) dt.07-03-2022 2/2 tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Specific allegation of assault is against co-accused Chhotu Yadav.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Banka in connection with Panjwara P.S. Case No. 80 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T