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Patna High CourtCR. MISC./39682/2022allowed

Jiyalal Rai @ Jiyalal Yadav v. The State Of Bihar

2022-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39682 of 2022 Arising Out of PS. Case No.-180 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Jiyalal Rai @ Jiyalal Yadav Son Of Budha Rai R/O Village- Kartahahn, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Muffasil P.S. Case no. 180 of 2022 instituted for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

The prosecution case is that the petitioner along with co-accused persons came the informant's house armed with iron rod, lathi & Farsa and started to assaulting to the informant and her son due to which they sustained injuries. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. There was a scuffle

Patna High Court CR. MISC. No.39682 of 2022(2) dt.06-12-2022 2/2 between their children due to which this petitioner has falsely been implicated in this case. As per the impugned order, injury sustained by the informant's son is simple in nature. General and omnibus allegation of assaulting leveled against the petitioner.

Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Muffasil P.S. Case no. 180 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U T