Lal Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33054 of 2024 Arising Out of PS. Case No.-368 Year-2023 Thana- KAKO District- Jehanabad ====================================================== Lal Babu Yadav S/O Mahendra Yadav R/O Village- Deoraj Bigha, P.S- Kako (BHELABER O.P), Distt.- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149,341, 323, 307, 354 and 504 of the Indian Penal Code. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and informant alleges that Arjun Kumar was calling his younger brother for three days and threatening him that he will be killed and his sister abducted, further on 6-11-2023, informant along with others went to the house of the petitioner to confront him when Arjun assaulted the informant by an iron rod causing injury on head, thereafter Shailesh assaulted the brother of the informant by an iron rod causing injury on head, further Lal Babu

Patna High Court CR. MISC. No.33054 of 2024(4) dt.30-09-2024 2/3 repeatedly assaulted his brother by lathi over his body and thereafter the accused persons entered the house of the informant and even molested his sister, but on alarm, local people gathered and the accused persons fled after making firing.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case. It is also submitted that from the side of the petitioner also Kako PS Case No. 367 of 2023 has been instituted against the side of the informant and others in which father of Arjun was shot by brother of the informant, it is next submitted that the present FIR is a counter-blast to Kako PS Case No. 367 of 2023. It is also submitted that since the father of Arjun was shot by the brother of the informant as such the occurrence is alleged to have taken place and it may be a possibility that out of rage the side of the petitioner assaulted but then petitioner is not a criminal. It is next submitted that similarly situated co-accused Shailesh and Arjun had moved this Court seeking anticipatory bail by filing Cr. Misc No. 45658 of 2024 and the same was allowed by an order dated 8-8-2024.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.33054 of 2024(4) dt.30-09-2024 3/3 6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kako (Bhelawar O.P) P.S. Case No. 368 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T