Yacoob @ Yakub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36501 of 2020 Arising Out of PS. Case No.-200 Year-2019 Thana- JOKIHAT District- Araria ====================================================== Yacoob @ Yakub Son of - Late Ekram Resident of village - Bhagwanpur ward no. -2, P.S. - Jokihat, District- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 307, 379, 385, 354B, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is that he assaulted Sohrab by means of lathi on his head.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.36501 of 2020(2) dt.26-03-2021 2/2 present case. It is a case and counter case between the parties. The injury on the side of the accused persons has not been explained by the prosecution. The prosecution has not come with clean hands. The present case has been instituted after two days of the alleged occurrence. Co-accused have been granted anticipatory bail vide Anneuxre 3 to the present application. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Jokihat P.S. case No.200 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T