Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35763 of 2020 Arising Out of PS. Case No.-658 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== 1.

ANIL YADAV Son of Late Sukhdeo Yadav 2.

BABITA DEVI Wife of Anil Yadav Both resident of Shivpuri, Ward No. 14, P.S. and District-Saharsa. 3.

SINTU YADAV @ SANTU KUMAR YADAV Son of Damodar Yadav @ Damodar 4.

DAMODAR YADAV @ DAMODAR son of Nunu Gop 5.

GOPAL KUMAR CHAUDHARY Son of Satrughan Chaudhary All resident of Aran, Naya Bazar, P.S. and District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha, Adv.

For the State :

Mr.Chandrasen Prasad, APP For the Informant : Mr.Ashok Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2021 Heard both sides through video conferencing.

The petitioners apprehend their arrest in Saharsa Sadar P.S. Case No.658 of 2019 registered under Sections 341, 323, 324, 308, 447, 504 and 34 of the Indian Penal Code. The informant in sum and substance alleged that the accused persons surrounded him and assaulted him with iron rod, farsa and garasa. The informant was indiscriminately assaulted and he became unconscious. The informant got injuries on different parts of his body and he was admitted in

Patna High Court CR. MISC. No.35763 of 2020(3) dt.22-06-2021 2/3 Sadar Hospital, Saharsa.

The learned counsel for the petitioners submits that all the allegations made in the F.I.R. are false and concocted. The present case is a counter blast of Saharsa Sadar P.S. Case No.506 of 2019. The informant of the present case did not get any injury on any part of his body. The doctor examined him in the hospital and found one injury on the dorsal aspect of the left foot and the injury is found to be simple in nature but the informant found himself injured on head and he claimed to have been treated in Sadar Hospital, Saharsa and in Patna but no injury report of Patna is obtained by the investigating officer. The investigating officer obtained the injury report of the informant from Sadar Hospital, Saharsa which clearly shows that one superficial and simple injury is found on the dorsal aspect of the left foot of the informant. Thus, I find that the petitioners deserve anticipatory bail.

Taking into consideration the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender within a period of four weeks be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa in connection with Saharsa Sadar P.S.

Patna High Court CR. MISC. No.35763 of 2020(3) dt.22-06-2021 3/3 Case No.658 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T