Rudal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34119 of 2022 Arising Out of PS. Case No.-640 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== RUDAL YADAV S/o Sri Haricharan Yadav R/o village- Parvatiya Tola, P.S.- Bettiah Muffasil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Rina Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 323, 324, 341, 447 and 34 of the Indian Penal Code.

The informant alleges that on 9.11.2019, when he was at home, the accused persons including the petitioner were keeping asbestos sheet on his land, when informant protested, it is alleged Seshnath Yadav assaulted him by rod causing on his head, further, petitioner assaulted with blunt side of farsa causing injury above left eye and, thereafter, Dukhi and Bharoshi assaulted informant with lathi causing injury on his body and waist, further, his son was also assaulted.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely

Patna High Court CR. MISC. No.34119 of 2022(2) dt.28-11-2022 2/2 implicated in the present case, it is next submitted that allegation of assaulting the informant on head by rod is against Seshnath Yadav and the said injury is grievous, it is further submitted that the injury caused to the informant on account of assault made by the petitioner is simple in nature, it is next submitted that a coordinate bench has been pleased to grant anticipatory bail to Seshnath Yadav and two others by order dated 11.05.2022 in Criminal Misc. No. 60738 of 2021.

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

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 Bettiah Muffasil P.S. Case No. 640 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T