Dablu Yadav @ Mayanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27826 of 2020 Arising Out of PS. Case No.-144 Year-2019 Thana- KOTWALI District- Munger ====================================================== DABLU YADAV @ MAYANAND YADAV S/o Vishwanath Yadav Resident of Village-Ghosi Tola, Bari Bazar, P.S.-Kotwali, District-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Ajay Kumar No. 2.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 341, 308, 379, 504 & 506 of the Indian Penal Code.

Allegedly, while the informant was going to his house from Prem Bhatnagar Medicine shop, in the way, the petitioner

Patna High Court CR. MISC. No.27826 of 2020(2) dt.27-11-2020 2/3 is alleged to have fired upon the informant but fortunately, he escaped. It is also alleged that the petitioner assaulted the informant with butt of the pistol.

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 petitioner. The petitioner has been falsely implicated in the present case. Both parties are labourers. Due to petty reasons, the alleged occurrence is said to have taken place. There is case and counter case between the parties. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 144 of 2019 subject to the conditions as laid

Patna High Court CR. MISC. No.27826 of 2020(2) dt.27-11-2020 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T