Mithilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32733 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- BARAULI District- Gopalganj ====================================================== MITHILESH KUMAR YADAV Son of Bhagrasan Yadav Resident of Village - Surwal, P.S.- Barauli, Distt.- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Umesh Kumar Singh, Advocate For the State :

Ms. Anita Kumari Singh, APP For the Informant :

Mr. Jeetendra Narayan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-01-2022 Heard learned counsel for the parties through virtual court proceedings.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in Barauli P.S. Case No.242 of 2020, registered for the offences punishable under Sections 147, 341, 323, 504, 307/34 of the Indian Penal Code.

The petitioner along with other accused persons assaulted the father-in-law of the informant by means of knife.

Patna High Court CR. MISC. No.32733 of 2021(2) dt.27-01-2022 2/3 Other accused persons also assaulted the father-in-law and mother-in-law of the informant by means of different sharp edged weapons.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the specific allegation of assault is against other accused persons. It is submitted that the petitioner has got no criminal antecedent as stated in para 3 of the bail application.

Learned APP for the State and learned counsel appearing on behalf of the informant opposed the prayer for anticipatory bail of the petitioner and submitted that the petitioner has got one criminal antecedent which is not mentioned in the bail petition.

Taking into consideration the facts aforesaid, let 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 enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in connection with Barauli P.S. Case No.242 of 2020, subject to the conditions laid down under

Patna High Court CR. MISC. No.32733 of 2021(2) dt.27-01-2022 3/3 Section 438(2) of the Cr.P.C.

The learned court below is directed to verify the criminal antecedent of the petitioner before accepting the bail bond. If the petitioner has got any criminal antecedent, the learned court below shall not accept the bail bond of the petitioner.

(Anjani Kumar Sharan, J.) Sanjay/- U T