Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40746 of 2022 Arising Out of PS. Case No.-141 Year-2020 Thana- MANSI District- Khagaria ====================================================== Bipin Yadav, S/O Prasadi Yadav Resident Of Village- Saidpur, P.S.- Mansi, District- Khagaria.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner along with two other accused came and started abusing and assaulting his elder brother and when the informant intervened to pacify the matter, then accused Seepin Yadav and Prasadi Yadav caught him and the petitioner assaulted him by spade causing injury on his nose and thereafter, he was taken to hospital for treatment. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40746 of 2022(2) dt.07-09-2022 2/3 petitioner has been falsely implicated in the present case. It is further submitted that occurrence took place on account of land dispute between the parties. It is also submitted that there is a case and a counter-case. The learned counsel submits that from perusal of the Annexure-3 series to the anticipatory bail application, it would manifest that the government doctor has issued injury report showing that the injuries suffered by the informant was simple, but the injury report of the private nursing home describes the injury as grievous, which amply demonstrates that the informant has tried to manipulate the injury report. It is next submitted that admittedly, the petitioner is not a criminal.

Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum 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 in connection with Mansi P. S. Case No.141 of 2020, subject to the conditions laid down under Section 438(2) of the

Patna High Court CR. MISC. No.40746 of 2022(2) dt.07-09-2022 3/3 Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T