Jagdamba Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24570 of 2023 Arising Out of PS. Case No.-316 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== JAGDAMBA YADAV S/O LATE BHUALI YADAV R/O Village- Shahpur, P.S- Shahpur, Distt.- Bhojpur at Ara (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on account of dispute an altercation took place in which it is alleged that ten named accused persons including the petitioner came and started abusing and assaulted the informant, it is next alleged that petitioner assaulted the informant with farsa causing injury on head.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.24570 of 2023(2) dt.19-07-2023 2/3 next submitted that the informant in the FIR has also alleged about other accused persons of assaulting him leading to injury, it is further submitted that there is a case and a counter-case.

5. The learned counsel for the petitioner next submits that though it is alleged that he was assaulted by farsa by the petitioner causing injury on head but the blow was not repeated.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the nature of injury is not mentioned in the anticipatory bail application.

7. 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 Shahpur P.S. Case No. 316 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, it is made clear that the learned trial court before accepting the bail bonds of the petitioner shall verify the injury of the informant and in the event, if it is found

Patna High Court CR. MISC. No.24570 of 2023(2) dt.19-07-2023 3/3 that the informant suffered grievous injury on head then the present anticipatory bail order shall not be given effect to. (Satyavrat Verma, J) Adnan/- U T