Bimal Kumar Yadav @ Bimal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16726 of 2020 Arising Out of PS. Case No.-696 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== Bimal Kumar Yadav @ Bimal Kumar, Male, aged about 48 years, Son of Saukhi Lal Yadav, Resident of Village - Khabdah, P.S.- Narpatganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Advocate For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2020 Heard the parties through the virtual court proceeding. The petitioner apprehends his arrest in connection with Narpatganj P.S. Case No. 696 of 2019 registered for the offences punishable under Sections 447, 341, 323, 354, 435, 504/34 of the Indian Penal Code.

As per F.I.R. on 08.12.2019, the informant and others were ready to proceed from his house on the occasion of marriage of his son Mritunjay Kumar in the meantime the accused Bimal Kumar Yadav along with 4-5 associates came at the house of the informant and started abusing and on protest raised by the female persons of the family became furious and spread petrol over the tent and articles and set fire due to that the informant caused loss of Rs.25,000/-.

Learned counsel for the petitioner submits that the occurrence took place on 08.12.2019 but F.I.R. was lodged on 24.12.2019 and there is no explanation of delay of 16 days. Learned counsel for the petitioner further submits that the

Patna High Court CR. MISC. No.16726 of 2020(2) dt.21-07-2020 2/2 petitioner is innocent and has falsely been implicated in this case due to enmity out of the land dispute. The land in dispute has been recorded in the name of the father of the informant and the father of the petitioner Saukhi Lal Yadav, which fell in the share of the petitioner, but the informant wants to grab the same and lodged this false case with an ulterior motive. Learned counsel for the petitioner further submits that the petitioner has got no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer for bail.

In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of C.J.M., Araria in connection with Narpatganj P.S. Case No. 696 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T