Binodi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21403 of 2022 Arising Out of PS. Case No.-48 Year-2020 Thana- PIRPAINTI District- Bhagalpur ====================================================== BINODI YADAV Son of Late Kartik Yadav Resident of Village - Parasbanna , P.s.- Pirpainti, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarun Prasad Mandal For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 149, 341, 307, 379, 506 of the Indian Penal Code.

Allegedly, the petitioner alonwith other accused persons assaulted the informant and snatched Rs.25,000/- from his pocket. The co-accused namely Peru Yadav assaulted with an

Patna High Court CR. MISC. No.21403 of 2022(2) dt.24-08-2022 2/3 iron rod on his head with an intention to kill him. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is an admitted land dispute between the parties. He further submits that the injuries sustained are simple in nature. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a land dispute between the parties and the injuries are simple in nature, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Pirpainti P.S. Case No.48 of 2020,

Patna High Court CR. MISC. No.21403 of 2022(2) dt.24-08-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T