Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36775 of 2022 Arising Out of PS. Case No.-143 Year-2022 Thana- RAJAON District- Banka ====================================================== RAJESH YADAV S/O BAJRANGI YADAV Resident of village- Brindawan, P.S.- Rajoun, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Nurul Hoda, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2022 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 341, 323, 308, 379, 504, 506 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 18.03.2022 at about 04:00 PM, six named accused persons, including the petitioner, came to his house and started abusing to which informant protested, thereafter petitioner assaulted the informant with an iron rod causing injury on head and thereafter all the accused persons also assaulted and snatched gold chain and money,

Patna High Court CR. MISC. No.36775 of 2022(2) dt.30-11-2022 2/3 as detailed in the FIR.

Learned counsel for the petitioner submits that the date of occurrence is 18.03.2022 and the FIR has been instituted on 04.04.2022 i.e., after a delay of more than 17 days without any plausible explanation, it is further submitted that it appears that the informant was not injured as the FIR is based on a written application of the informant, it is next submitted had the informant been assaulted in the manner alleged then definitely he would have been taken to the hospital for treatment and the hospital would have informed the police.

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 to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rajoun P.S.

Patna High Court CR. MISC. No.36775 of 2022(2) dt.30-11-2022 3/3 Case No. 143 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Shivam/- U T