Sanjay Yadav@Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39219 of 2020 Arising Out of PS. Case No.-188 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== SANJAY YADAV@SANJAY KUMAR son of Mahavir Yadav Resident of Village- Chongawa, P.S.- Kowakole, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in Kawakole (Kawakol) P.S. Case No. 188 of 2020 registered under Sections 147, 148, 149, 341, 323, 457, 302, 504, 506 of the Indian Penal Code.

Allegedly, while the informant along with his brother was sitting near his house, the accused persons having variously armed came there and started abusing his brother. On protest, the accused persons assaulted the informant's brother as a result of which, he sustained grievous injury and later on, in course

Patna High Court CR. MISC. No.39219 of 2020(2) dt.13-09-2021 2/3 treatment, he died.

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 been falsely implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of assault is against co-accused namely, Mithilesh Yadav.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate, Nawadain connection with Kawakole (Kawakol) P.S. Case No. 188 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with

Patna High Court CR. MISC. No.39219 of 2020(2) dt.13-09-2021 3/3 two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T