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Patna High CourtCR. MISC./30181/2023allowed

Surya Narayan Yadav @ Suryanarayan Yadav v. The State Of Bihar

2023-08-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30181 of 2023 Arising Out of PS. Case No.-48 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== Surya Narayan Yadav @ Suryanarayan Yadav Son Of Dhanpat Yadav @ Dhanpait Yadav R/O Village- Mahdeva, P.S. Laukahi, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 143, 341, 323, 379, 307, 448, 427, 504 and 506 of the Indian Penal Code pending in the learned court below.

3. There is allegation against the petitioner that the petitioner has assaulted the wife of the informant by means of Farsa.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no eye witness nor any independent witness has supported the version of the informant. He further submits that both parties have

Patna High Court CR. MISC. No.30181 of 2023(3) dt.17-08-2023 2/2 sustained injuries in the said scuffle. He submits that there is admitted land dispute between the parties. He further submits that petitioner has got one criminal antecedent as stated in para3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that the injury found upon the victim is simple in nature, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Laukahi P.S. Case No.48 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T