Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33509 of 2024 Arising Out of PS. Case No.-598 Year-2023 Thana- CHANPATIA District- West Champaran ====================================================== Kishor Yadav son of Late Chandar Yadav Resident of village- Chanpatiya Station Road, Ward No. 10, Police Station- Chanpatiya, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-05-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Chanpatiya Police Station Case No. 598 of 2023, disclosing offences punishable under Sections 323/341/ 307/379/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the petitioner, along with two other brothers, Munna Yadav and Binod Yadav, intercepted the informant, assaulted him and also snatched Rs. 700/- from the informant.

4. Learned Counsel for the petitioner argues that the petitioner, along with two brothers, has falsely been implicated in this case on the basis of concocted story

Patna High Court CR. MISC. No.33509 of 2024(2) dt.27-05-2024 2/2 relating to the purchase of O.R.S. He further submits that the allegation of assault is not upon the petitioner; rather, the same is against co-accused Munna Yadav. Both the parties are next-door neighbours.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that no specific allegation of assault is there against the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. 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 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, West Champaran, at Bettiah, in connection with Chanpatiya Police Station Case No. 598 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √