Nandlal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33769 of 2023 Arising Out of PS. Case No.-71 Year-2021 Thana- BAIRIYA District- West Champaran ====================================================== Nandlal Yadav Son of Shivnanan Yadav @ Shivnandan Yadav Resident of village - Ahirani Tola, P.s. - Bairiya, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raushan Raj, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. Let the defect(s), if any, as pointed out by the office, be removed within a period of four weeks from today.

03. In the present case, the petitioner is apprehending his arrest in connection with Bairiya P.S. Case No. 71 of 2021, registered on 06.04.2021, for the alleged offence under Sections 341, 323, 324, 325, 307/34 of the Indian Penal Code.

04. As per prosecution case, the petitioner and other co-accused persons, who were armed with lathi, danda, iron rod, knife and farsa, assaulted the informant and his brother.

05. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is evident that no specific overt act has

Patna High Court CR. MISC. No.33769 of 2023(2) dt.21-07-2023 2/3 been attributed against the petitioner. After investigation, the police submitted charge-sheet against others, but, he did not sent up the petitioner to face trial. However, the learned A.C.J.M.-III, Bettiah, differed with the police report and took cognizance against the petitioner as well under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code. Learned counsel further submits that, however, there is no material against the petitioner. Leaned counsel further submits that a number of co-accused persons have been granted anticipatory bail by a Co-ordinate Bench of this Court vide orders dated 02.08.2022 and 03.08.2022 passed in Criminal Misc. No. 3868 of 2022 and Criminal Misc. No. 4603 of 2022, respectively and the case of petitioner stands on better footing.

06. Learned A.P.P. for the State opposes the prayer for bail.

07. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the lack of material against the petitioner and also considering the grant of anticipatory bail to co-accused persons against whom there was specific allegation, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on

Patna High Court CR. MISC. No.33769 of 2023(2) dt.21-07-2023 3/3 furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah/concerned court in connection with Bairiya P.S. Case No. 71 of 2021 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T