Sulen Yadav @ Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23591 of 2022 Arising Out of PS. Case No.-168 Year-2021 Thana- KHODAWANDPUR District- Begusarai ====================================================== SULEN YADAV @ SUNIL YADAV SON OF MOHAMMAD NASIR SHAH R/O VILLAGE- LAHARPUR- VIKRAMPUR, P.S.- CHERIA BARIYARPUR, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP 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 341, 323, 308, 354(B), 379, 504 and 34 of Indian Penal Code.

Allegedly, the petitioner along with other accused persons assaulted the informant and her husband by means of several weapons. It is further alleged that the accused persons tried to outrage the modesty of the informant.

Patna High Court CR. MISC. No.23591 of 2022(2) dt.25-08-2022 2/3 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 due to enmity and grudge. 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. The injuries are simple in nature. There is an admitted land dispute between the parties and the petitioner had filed a title suit for cancellation of sale deed against the informant and her mother, vide T.S. No.69 of 2021. 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 an admitted 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

Patna High Court CR. MISC. No.23591 of 2022(2) dt.25-08-2022 3/3 pending/Successor Court in Khodawandpur P.S. Case No.168 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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