Pradip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32463 of 2022 Arising Out of PS. Case No.-275 Year-2021 Thana- BELHAR District- Banka ====================================================== 1.

Pradip Yadav Son Of Suresh Yadav Resident Of Village- Geruwa, Police Station- Belhar, District- Banka 2.

Suresh Yadav S/O Late Battan Yadav Resident Of Village- Geruwa, Police Station- Belhar, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-11-2022 At the outset, It is submitted by learned counsel for the petitioners that he seeks permission to withdraw this application against petitioner No.2 namely, Suresh Yadav. Permission is accorded.

This application is dismissed as withdrawn against petitioner No.2 namely, Suresh Yadav.

So far as petitioner No.1 Pradip Yadav is concerned, the instant application for anticipatory bail has been filed by the petitioners apprehending his arrest in connection with Belhar P.S. Case no. 275 of 2021 instituted for the offence under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code. It is a case of assaulting to the informant and others

Patna High Court CR. MISC. No.32463 of 2022(2) dt.23-11-2022 2/3 by means of lathi and danda due to which they sustained injuries.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. He has falsely been implicated in this case due to dirty village politics. It is further submitted that there is case and counter case between the parties. Both parties are co-villagers to each other. The injury no.1 sustained by Nakul yadav is simple in nature which is annexed as Annexure no.2 series.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner No.1 namely, Pradip Yadav on bail. The petitioner No.1 is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Belhar P.S. Case no. 275 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate/concerned court, Banka subject to the

Patna High Court CR. MISC. No.32463 of 2022(2) dt.23-11-2022 3/3 conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) amandeep/- U T