Sadhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26445 of 2024 Arising Out of PS. Case No.-149 Year-2023 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Sadhu Yadav S/O Sheo Nandan Yadav Resident Of Village- Chamardih, P.S. Chandauti, District- Gaya.

2.

Sheo Nandan Yadav S/O Late Moti Yadav Resident Of Village- Chamardih, P.S. Chandauti, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Singh For the Opposite Party/s :

Mr. Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-05-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioners seeks permission to withdraw this application submitting that during pendency of this application the petitioner no.1 has already been apprehended by the police.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no.1 is dismissed as withdrawn.

5. Now, this application is being heard only with regard to petitioner no. 2.

6. Heard learned counsel for the petitioner and

Patna High Court CR. MISC. No.26445 of 2024(2) dt.01-05-2024 2/3 learned APP for the State.

7. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 307, 379/34 of the Indian Penal Code.

8. As per the F.I.R., the allegation against the petitioner is that he along with other co-accused persons came at the house of the informant at night and started abusing. On objection, they started assaulting by means of iron rod, pasuli.

9. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is said to have assaulted the informant, but the injury was found simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

10. Learned APP for the State opposes prayer for anticipatory bail.

11. Considering the facts and circumstances of the case and the nature of the injury, let the above named petitioner no. 2, 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

Patna High Court CR. MISC. No.26445 of 2024(2) dt.01-05-2024 3/3 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 Chandauti P.S. Case No. 149 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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