Rajnish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27833 of 2020 Arising Out of PS. Case No.-818 Year-2019 Thana- KHAGARIA District- Khagaria ====================================================== RAJNISH YADAV Son of Sunil Yadav Resident of Village- Babhangama, P.S.- Khagaria (Gangaur), District- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajit Kumar For the Opposite Party/s :

Mr.A.G.

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 341, 323, 504, 379, 307, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.27833 of 2020(2) dt.27-11-2020 2/3 Allegedly, on the alleged date and time of occurrence, all the accused persons went to the house of the informant with common intention and started abusing the informant. Accused Rajnish Yadav is said to have assaulted the informant's son Gulshan Kumar on his head and when other son of the informant came to rescue his brother, he was also assaulted. 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. From the order of learned Sessions court, it appears that the nature of injury is simple. No offence u/S 307 of the Indian Penal Code is made out.

On behalf of the State, it is submitted that the petitioner is 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, Khagaria in connection with Khagaria

Patna High Court CR. MISC. No.27833 of 2020(2) dt.27-11-2020 3/3 (Gangaur) P.S. Case No. 818 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T