Arvind Yadav @ Arvind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24604 of 2023 Arising Out of PS. Case No.-602 Year-2022 Thana- AMARPUR District- Banka ====================================================== ARVIND YADAV @ ARVIND KUMAR SON OF PURAN YADAV R/O VILLAGE- DHABA BARAN, P.S.- FULLIDUMAR, DISTRICT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 354, 379, 504, 506, 34 of the IPC.

Allegedly, all the accused persons assaulted the informant by iron rod and axe blow on her head and petitioner also snatched golden chain from her neck.

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. 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. The injury was found simple in nature. It is

Patna High Court CR. MISC. No.24604 of 2023(2) dt.07-07-2023 2/2 further submitted that there is an inordinate delay in lodging the F.I.R., as the occurrence is alleged to have taken place on 29.10.2022 but the F.I.R. was lodged after delay of four days without giving any plausible explanation, which itself creates doubt about the prosecution case.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the nature of injury and the delay, 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 pending/Successor Court in connection with Amarpur (Fullidumar) P.S. Case No.602 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T