Yash Raj @ Yash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21885 of 2023 Arising Out of PS. Case No.-930 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== YASH RAJ @ YASH KUMAR S/O SANJAY SINGH R/O VILLAGEJAGDEO NAGAR, P.S- ARA NAWADA, DISTT.- BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 504, 307, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the accused persons including the petitioner started firing causing injury on leg of Ajit Kumar.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case it is next submitted that during the course of investigation the statement of injured Ajit Kumar was recorded by the police and from perusal of Para 22 of the case diary it would manifest that

Patna High Court CR. MISC. No.21885 of 2023(2) dt.05-07-2023 2/3 Ajit has stated that it was Shubham who fired causing injury on his leg. The learned counsel for the petitioner thus submits that when the injured himself has not named the petitioner of indulging in firing that amply demonstrates that the informant for reasons best known implicated the petitioner. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Ara Nawada P.S. Case No. 930 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

One of the bailor shall be the father of the petitioner Sanjay Singh.

However, the learned trial court before accepting the bail bonds of the petitioner shall verify from the case diary that as to whether the injured Ajit Singh has made such a categorical

Patna High Court CR. MISC. No.21885 of 2023(2) dt.05-07-2023 3/3 statement before the police or not and in the event, if it is found that Ajit Singh (injured) has stated that he was injured by the firing of Shubham, the bail bond of the petitioner shall be accepted forthwith.

(Satyavrat Verma, J) Adnan/- U T