Santu Yadav @ Santu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38357 of 2023 Arising Out of PS. Case No.-71 Year-2020 Thana- ATRI District- Gaya ====================================================== Santu Yadav @ Santu Kumar Yadav S/O Nawal Yadav R/O VillageMallahchak, P.S- Atri, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-07-2023 1.

Heard the learned counsel for the petitioner and learned APP for the State.

2.

This is an application for grant of anticipatory bail in connection with Atri P.S. Case No.71 of 2020, registered for offences under Sections 341, 323, 324, 307, 379, 504, 506/34 of the IPC.

3.

The allegation is regarding the accused persons, including the petitioner herein, having assaulted the informant and his father.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and

Patna High Court CR. MISC. No.38357 of 2023(2) dt.28-07-2023 2/3 he is having a clean antecedent. The learned counsel for the petitioner has further submitted that though the petitioner has been alleged to have assaulted the father of the informant on his head with khanti, however the doctor has found the injuries to be simple in nature, as is apparent from the injury report, hence the petitioner be granted the privilege of anticipatory bail.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that injuries sustained by the father of the informant, attributable to the petitioner herein, have been found to be simple in nature, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

7.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in

Patna High Court CR. MISC. No.38357 of 2023(2) dt.28-07-2023 3/3 the event of his arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-XIII, Gaya in connection with Atri P.S. Case No.71 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) kanchan/- U T