Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20422 of 2020 Arising Out of PS. Case No.-487 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== MUNNA YADAV, aged about 38 years, Male, S/o Late Chhathu Yadav, Resident of Village- Durjan Khap, P.O.- Binda, P.S.- Mohanpur, DistrictGaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dhananjay Kumar Shahi, Advocate.

For the Opposite Party :

Mr.Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 323, 353, 427 and 504 of the I.P.C.

The prosecution story, in brief, is that the petitioner entered into the Hall on 16.10.2019 in which the informant, namely, Md. Imran Alam, was meeting with other government officials and torn the official registers, abused him, created nuisance and made attempt to assault him by chair.

Patna High Court CR. MISC. No.20422 of 2020(2) dt.22-07-2021 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The allegation, as made in the F.I.R., is denied by the petitioner. The informant has filed a petition in the learned court below where he has retracted from his earlier statement made in the F.I.R. The said application is Annexure-3 to the present application.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let 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 his personal bond to the satisfaction of the learned Additional District and Sessions Judge-VIth, Gaya, in connection with Barachatty (Mohanpur) P.S. Case No. 487 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only

Patna High Court CR. MISC. No.20422 of 2020(2) dt.22-07-2021 3/3 with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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