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Patna High CourtCR. MISC./43036/2024bail granted

Munib Yadav v. The State Of Bihar

2024-07-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43036 of 2024 Arising Out of PS. Case No.-415 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Munib Yadav, S/o Kesha Yadav, R/o Village- Arji Krishnapan, P.S.- Chakiya, District- Chandauli (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-07-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Chainpur P.S. Case no. 415 of 2023 registered under sections 307, 341, 323, 324 and 34 of the Indian Penal Code.

3. As per the prosecution case, the six named accused persons including the petitioner herein are said to have come variously armed with lathi, danda etc. and of having assaulted the father of the informant causing serious injuries. He was taken to the hospital for treatment.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature. The injury report which has been discussed in the order of the learned trial Court

Patna High Court CR. MISC. No.43036 of 2024(2) dt.20-07-2024 2/2 does not support the prosecution case of indiscriminate assault by six accused persons. In any case of the matter, the injuries have been found to be simple in nature. The petitioner has no criminal antecedent.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R., the injuries having been found to be simple in nature and the petitioner not having any criminal antecedent, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Chainpur P.S. Case no. 415 of 2023 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateII, Kaimur at Bhabua. (Partha Sarthy, J) avinash/- U T