Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 41652 of 2023 Arising Out of PS. Case No.-183 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== SANJAY YADAV SON OF LATE AMBIKA YADAV @ LATE AMBIKA SINGH VILLAGE MUSEPUR P.S.JEHANABAD ,KARAUNA DISTRICT JEHANABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Paras Nath, Advocate For the Opposite Party/s :

Mr Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2 The petitioner apprehends his arrest in connection with Jehanabad (Karauna) PS Case No 183 of 2019 instituted under Sections 147, 148, 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

3 As per the prosecution case, the allegation against the petitioner is that he made firing on the informant but the same did not hit to anybody and he also assaulted the informant with the butt of the pistol on his head and other parts of the body.

4 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There was free fight between both sides. During investigation, the case was found to be false against the petitioner and, therefore, the police submitted final form showing the petitioner as not sent up for trial but the learned

Patna High Court CR. MISC. No.41652 of 2023(2) dt.02-08-2023 2/2 Court below has taken cognizance against the petitioner. He has further submitted that the injury on the informant is simple in nature. Other similarly situated co-accused persons, namely, Ajay Yadav, Ranju Devi and Sunil Yadav have been allowed anticipatory bail by the coordinate Bench of this Court vide order dated 25.09.2019 passed in Cr Misc No 44084 of 2019. Petitioner has no criminal antecedent.

5 Learned APP opposes the prayer for anticipatory bail.

6 Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Karauna) PS Case No 183 of 2019, subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) M.E.H./- U T