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Patna High CourtCR. MISC./28490/2024allowed

Vijay Kumar Yadav @ Vijay Yadav v. The State Of Bihar

2024-05-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28490 of 2024 Arising Out of PS. Case No.-391 Year-2023 Thana- LAXMIPUR District- Jamui ====================================================== Vijay Kumar Yadav @ Vijay Yadav, S/o Thakuri Yadav, R/o vill - Magahi, P.S. - Laxmipur, Distt.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Raj, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Laxmipur P.S. Case No. 391 of 2023, instituted under Sections 147, 148, 149, 341, 323, 307, 325 and 504 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence accused persons including the petitioner who are Gotia of the informant abused her and when she objected, petitioner assaulted her with Tangi on her head. The accused persons also assaulted the family members of the informant when they came to rescue her.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.28490 of 2024(2) dt.15-05-2024 2/2 case due to land dispute. Medical report shows that injury on the injured is caused by hard and blunt substance which does not corroborate the allegation of the informant. Petitioner has no criminal antecedent. He undertakes to co-operate in the trial and investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Laxmipur P.S. Case No. 391 of 2023, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T