Sheshnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41357 of 2023 Arising Out of PS. Case No.-189 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Sheshnath Yadav Son Of Sri Ganga Yadav Resident Of Village- Ahir Toli, Chhaurahiya, Ps- Chanpatia, Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Majhaulia P.S. Case No. 189 of 2023 registered for the offences punishable under Sections 341, 323, 307, 354-B and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that her husband, who is a nozzle man at a petrol pump, while returning was intercepted by the accused persons and Sanjeev snatched Rs. 45,000/- from him, further petitioner assaulted him by butt of pistol causing injury on head and he became unconscious, thereafter accused persons assaulted her nephew and Adarsh dashed her on the ground and made her seminaked.

Patna High Court CR. MISC. No.41357 of 2023(2) dt.07-08-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that from perusal of the injury report (Annexure-2 to the anticipatory bail application) it would manifest that the same records that no external injury was found which completely demolishes the case of the prosecution, it is further submitted that on intervention of well-wishers, the informant has compromised the case as has been specifically pleaded at paragraph '9' of the anticipatory bail application.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Majhaulia P.S. Case No. 189 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T