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Patna High CourtCR. MISC./22422/2023bail granted

Sudarshan Yadav v. The State Of Bihar

2023-07-11Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22422 of 2023 Arising Out of PS. Case No.-99 Year-2022 Thana- AMARPUR District- Banka ====================================================== Sudarshan Yadav Son Of Banti Yadav @ Bateshwar Yadav Resident Of Village - Badi Jankipur, P.S. - Amarpur, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 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 147, 149, 341, 342, 323, 354 and 307 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that on account of dispute relating to land, an altercation took place in which it is alleged that all the thirteen named accused persons, including the petitioner, dashed her on the ground and thereafter, Amit assaulted her with pistol causing injury to her nose, thereafter Ramavtar stabbed her with a knife on her abdomen and Mithilesh assaulted her with an iron rod on her waist, it is next alleged that thereafter the accused persons also

Patna High Court CR. MISC. No.22422 of 2023(2) dt.11-07-2023 2/3 assaulted her with weapons.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that specific allegation is alleged against the accused who assaulted her, it is further submitted that no specific allegation of assault is alleged against the petitioner. Learned counsel submits that the date of occurrence is 30.01.2022 and the fardbeyan of the informant was recorded in the hospital on 07.02.2022 and thereafter the FIR was instituted on 17.10.2022, it is next submitted at the cost of repetition that there is no specific allegation against 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 Court below 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 court below where the case is pending/successor court in connection with Amarpur P.S. Case No. 99 of 2022 subject to the conditions as laid down

Patna High Court CR. MISC. No.22422 of 2023(2) dt.11-07-2023 3/3 under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T