Bhikhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27552 of 2022 Arising Out of PS. Case No.-121 Year-2020 Thana- ROSHANGANJ District- Gaya ====================================================== Bhikhari Yadav Son Of Bhagat Yadav Resident Of Village - Manjuri Khurd, P.S. - Roshanganj, District - Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 143, 241, 323, 324, 308, 504, 506 of the Indian Penal Code.

It is a case of assaulting due to which the informant and other family members sustained injuries. It is specifically alleged against this petitioner that he and co-accused Shiv Kumar Yadav have assaulted with khanti on the head of the son of the informant, as a result of which, he sustained head injuries.

Patna High Court CR. MISC. No.27552 of 2022(3) dt.22-11-2022 2/3 It is submitted by learned counsel for the petitioner that in the background of some land dispute, the present F.I.R has been registered. It is the specific case of the informant that petitioner and co-accused Shiv Kumar Yadav have assaulted with khanti to the son of the informant on his head, but it is not clear that on whose assault, the son of the informant sustained injuries on his head. Moreover, the name of the petitioner does not find place in the accused column in spite of the fact that he has specifically been alleged to have assaulted the son of the informant. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.27552 of 2022(3) dt.22-11-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Roshanganj P.S. Case No. 121 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T