Jawahar Yadav @ Jawahir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41189 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Jawahar Yadav @ Jawahir Yadav, Son Of Late Shivnath Chaudhary, Resident Of Village- Sher, P.S. - Sidhwaliya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Sidhwaliya P.S. Case No. 305 of 2023 registered for the offences punishable under Sections 341, 342, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other accused persons have assaulted the informant and his son causing head injury to him.

4. Learned counsel for the petitioner submits that the petitioner is innocent has falsely been implicated in this case due to previous dispute. There is allegation against the petitioner is that he has given order to assault as such there is general and omnibus allegation against the petitioner and other accused

Patna High Court CR. MISC. No.41189 of 2024(2) dt.03-07-2024 2/2 persons to assault the informant by means of lathi and fists. The nature of injury on the informant is simple in nature. Both the parties are pattidars and FIR has been lodged after delay of 8 days without any plausible explanation. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Sidhwaliya P.S. Case No. 305 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Sunil Dutta Mishra, J) khushbu/- U T