Tirath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41999 of 2023 Arising Out of PS. Case No.-122 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== TIRATH YADAV Son of Jagdesh Yadav Resident of village - Ranipur, P.S. - Kateya, Distt. - Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma, Adv.

For the Opposite Party/s :

Mr.Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 324, 307, 354 and 379 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have abused and assaulted brutally the informant with deadly weapons. Petitioner assaulted the informant's son Ajay Kushwaha by means of iron rod on his head due to which he sustained injury.

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

Patna High Court CR. MISC. No.41999 of 2023(3) dt.07-11-2023 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. Though there is allegation against the petitioner that he assaulted the informant's son by means of iron rod, but as per the injury report, the injury sustained by the injured is simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as the informant's son sustained simple injury, 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 Kateya P.S. Case No. 122 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