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Patna High CourtCR. MISC./32911/2023allowed

Bhola Yadav v. The State Of Bihar

2023-07-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32911 of 2023 Arising Out of PS. Case No.-4 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

Bhola Yadav S/O Kaleshwar Yadav R/O Village- Bagitpur, P.S- Bahadmpur, Distt.- Darbhanga.

2.

Arjun Yadav S/O Bhola Yadav R/O Village- Bagitpur, P.S- Bahadmpur, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidya Nath Prasad For the Opposite Party/s :

Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 325, 326, 504, 506, 379, 34 of the Indian Penal Code.

3. The allegation against the petitioners is that they along with other co-accused persons assaulted the informant's side with deadly weapons. It is further alleged that the petitioner no. 1 is the order giver and snatched Rs. 2,000/- from the informant and petitioner no. 2 is said to have assaulted on the head of the informant by means of farsa.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.32911 of 2023(2) dt.21-07-2023 2/2 specific rather general and omnibus in nature. He submits that according to primary injury report which is annexed with FIR, the informant has sustained lacerated wound over the left occipital region and the injury was found simple in nature. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bahadurpur P.S. Case No.04 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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