Sanjay Yadav @ Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38127 of 2020 Arising Out of PS. Case No.-280 Year-2019 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== SANJAY YADAV @ SANJAY RAI son of Ramanuj Yadav @ Nuja Yadav Resident of at Udda, Post- Dinmo, P.S. Kusheshwar Asthan, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Singh For the Opposite Party/s :

Mr. N. N. Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 354 and 302/34 of the Indian Penal Code.

The prosecution allegation, in short, is that on a trivial issue regarding grazing by she-goat, the accused persons assaulted mother of the informant due to which she sustained injury and later succumbed to the injury.

Patna High Court CR. MISC. No.38127 of 2020(2) dt.02-08-2021 2/3 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 falsely been implicated in the present case. As per the allegation, the petitioner is said to have assaulted the deceased with leg. From perusal of the postmortem report, it appears that there is no external injury, not even a bruise, found on the body of the deceased. The postmortem report does not corroborate with the allegation made in the F.I.R.

On behalf of the State and the informant, it is submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances and also the lockdown, 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 J.M. 1st Class, Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 280/2019, 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.38127 of 2020(2) dt.02-08-2021 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) Pankaj/- U T