Vyas Yadav @ Ravindra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17099 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== VYAS YADAV @ RAVINDRA SINGH S/o- Sri Jitan Singh Resident of Village- Babanagar Jaso, P.S.- Buxar (M), District- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramakant Yadav For the Opposite Party/s :
Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Ashok Kumar, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Buxar (M) PS case no. 42 of 2020 registered for the offences punishable under Sections 323 and other allied sections of Indian Penal Code and 27 of Arms Act. The case of the prosecution in brief is that on 07.02.2020 at about 1 pm, while the informant was going to his house from his shop and had reached in front of the house of one Amit Pathak situated near his house, his neighbour Vyas Yadav i.e. the petitioner herein had met the informant,
Patna High Court CR. MISC. No.17099 of 2020(2) dt.11-09-2020 2/3 whereupon the informant is stated to have asked for a sum of Rs. 11,400/- pertaining to the cost of the soil which he had sold to him, whereupon the petitioner is stated to have become infuriated and had abused the informant as also had assaulted him. It is further alleged that on hearing the noise, the wife of the informant and his brother-in-law had arrived there and intervened in the matter but the petitioner is stated to have entered into a quarrel with the brother-in-law of the informant, resulting in him sustaining injury near the eye. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent.
It is further submitted that the present case has been lodged with malice and infact, no such incident had ever taken place. It is further submitted that in any view of the matter, the injuries, if at all sustained by the injured person, are simple in nature. Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel for the petitioner as also considering the materials available on record, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.
Patna High Court CR. MISC. No.17099 of 2020(2) dt.11-09-2020 3/3 below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate at Buxar in connection with Buxar (M) PS case no. 42 of 2020 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/- U T