Sheo Raj Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20750 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- DULHIN BAZAR District- Patna ====================================================== SHEO RAJ YADAV Son of Shri Sikandar Singh Yadav Resident of Village - Dharampur Kharwan, P.S.- Dulhin Bazar, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Shama Sinha, Adv.

Mr.Kumar Ravish, Adv.

Mr.Amit Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== 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. Petitioner apprehends his arrest in a case registered u/s 341/323/354/379/307/387/427/448/504/506 IPC.

Allegation against the petitioner is of demanding extortion money from the informant and on protest, he assaulted him by means of butt of the pistol.

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

Patna High Court CR. MISC. No.20750 of 2022(2) dt.24-08-2022 2/2 manner as alleged, has ever taken place. It is submitted that there is an admitted land dispute between the parties and for the alleged occurrence, there is a case and counter-case between the parties. It is further submitted that the injuries sustained by the informant is simple in nature and similarly situated several coaccused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 10.08.2022 passed in Cr. Misc. No.14712/2022. Petitioner has three criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since the injury is 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 connection with Dulhin Bazar P.S. Case No.134 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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