Jehal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43997 of 2024 Arising Out of PS. Case No.-130 Year-2020 Thana- MAHILA P.S. District- Nalanda ====================================================== Jehal Yadav SON OF RAJO YADAV R/V - Goraiyapur, P.S. - Manpur, District -Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2024 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 376, 511, 307, 324, 379, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused are said to have assaulted the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the FIR was lodged under Section 376 of the IPC and other Sections of the IPC, but after investigation the police has omitted Section 376 of the IPC. He further submits that both the parties are co-villagers and there is previous enmity between both the parties. He also submits that no independent

Patna High Court CR. MISC. No.43997 of 2024(2) dt.02-08-2024 2/2 witness has supported the prosecution case. Similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 18.01.2024 passed in Cr. Misc. No. 86144 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that similarly situated co-accused has been granted anticipatory bail by this Court, 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 Mahila P.S. Case No. 130 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T