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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31324 of 2024 Arising Out of PS. Case No.-302 Year-2022 Thana- BANKA District- Banka ====================================================== Mithun Kumar Yadav @ Mithun Yadav son of Kamik Yadav Resident of Village- Kunauni, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Nandan Prasad, Adv.

For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 307, 448, 354, 379, 504/34 of the IPC.

3.

Allegedly, the F.I.R. named accused persons are alleged to have indiscriminately assaulted the informant and his family members. The petitioner is said to have assaulted the informant's brother on his head by means of rod. They also disrobed the informant's wife with intent to outrage modesty. 4.

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 due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The

Patna High Court CR. MISC. No.31324 of 2024(2) dt.19-07-2024 2/2 allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. The injury of the injured was found simple in nature which is clear from the injury report. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, 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 Banka P.S. Case No.302 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