Raja Ram Yati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35853 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- JIRADEI District- Siwan ====================================================== RAJA RAM YATI SON OF LAKSHMI KANT YATI Resident of Village - Thepha Bazar, P.S.- Ziradei, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 147, 323, 504, 341, 325, 326, 307, 302 and 34 of the Indian Penal Code.

The prosecution case, in short, is that the accused persons, variously armed, assaulted the informant due to which he sustained injury.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.35853 of 2021(2) dt.15-07-2021 2/3 petitioner. The petitioner has falsely been implicated in the present case. As per the allegation, the petitioner is said to have caught hold of the deceased at the time of occurrence. No allegation of assault is alleged against the petitioner. The allegation of assault is alleged against the co-accused Sandip Yati. Subsequently, after investigation, the police submitted police report where the petitioner has not been sent up for trial. The case was found to be false against the petitioner by the investigating officer. Subsequently, the Court below has differed with the police report and taken cognizance against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. -I, Siwan in connection with Ziradei P.S. Case No. 13/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.35853 of 2021(2) dt.15-07-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T