Shyam Sundar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32843 of 2025 Arising Out of PS. Case No.-73 Year-2023 Thana- MARAUNA District- Supaul ====================================================== Shyam Sundar Yadav S/o Sri Subodh Yadav R/o Village- Kusmaul, P.S.- Marauna, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the State :
Mr. Mohammed Arif, APP For the Informant :
Mr. Naresh Kumar Mehta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner apprehends arrest in a case registered under Section 302/34 of the Indian Penal Code.
3. As per the prosecution case, on 12.07.2023, due to petty dispute between the parties, co-accused Rita Devi and Poonam Devi abused the wife of the informant and on protest, on order of this petitioner, co-accused Sunil Yadav and Laxman Yadav assaulted repeatedly on the head of informant's wife as a result of which, she succumbed to the injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.32843 of 2025(3) dt.22-05-2025 2/3 petitioner is innocent and has falsely been implicated in this case. The specific allegation of assault is against co-accused Sunil Yadav and Laxman Yadav and the informant implicated the petitioner by making false allegation against him. The police after investigation filed the final form against the petitioner, however, on protest, a cognizance has also been taken against the petitioner. It is further submitted that co-accused Gita Devi and Poonam Devi with similar allegation have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 19.06.2024 passed in Cr. Misc. No. 36077 of 2024. Petitioner is an old man aged about 73 years having no criminal antecedent and he undertakes to cooperate in the trial.
5. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate-I, Supaul in connection with Marauna P.S. Case No. 327 of 2024, corresponding to G.R. No.
Patna High Court CR. MISC. No.32843 of 2025(3) dt.22-05-2025 3/3 1654 of 2023, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.
(Sunil Dutta Mishra, J) utkarsh/- U T