Natho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33501 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== NATHO YADAV S/o Ram Chandra Yadav Resident of village-Pokharia, Danauli Phulwaria, P.S.-Ballia, District-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar, Adv.

For the Opposite Party/s :

Ms.Dr. Indiwar Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-07-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 120(B), 506/34 of the Indian Penal Code.

3. Allegedly, having conspiracy, petitioner along with other accused persons, came at the house of the informant and caught him. On raising alarm, when the informant's wife came to save him, co-accused Saurav Kumar assaulted the informant and his wife by means of Paghariya.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is specific allegation

Patna High Court CR. MISC. No.33501 of 2023(2) dt.24-07-2023 2/2 against co-accused Saurav Kumar. His name has been transpired in this case due to previous differences on account of sudden death of Puja Kumari, who was daughter-in-law of informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail and submitted that the injuries sustained by the victims are grievous in nature.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with S. Kamal P.S. Case No. 7 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T