Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38120 of 2020 Arising Out of PS. Case No.-1192 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== ARVIND YADAV Son of Late Rajendra Yadav Resident of Village - Rampur, Uttar, Ward No. 8, P.S. - Forbesganj, District - Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-08-2021 Heard learned counsel for the petitioner and learned APP for the State 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 323, 341, 324, 308, 354(B), 379, 504/34 of the Indian Penal Code.

The prosecution allegation, in short, is that the accused persons, variously armed, came to the door of the informant and started digging land of the informant and on objection, the accused persons assaulted the informant and family members due to which they sustained injuries. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.38120 of 2020(2) dt.02-08-2021 2/3 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. Both the parties are agnates. Prior to institution of present case, a case was instituted vide Annexure-2 by the petitioner's side and present case is nothing but retaliation to the case filed by the petitioner's side. There is a property dispute between the parties and for the said reason, the present case has been instituted.

On behalf of the State, 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 Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 1192 of 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 two sureties of the like amount each within a period of eight

Patna High Court CR. MISC. No.38120 of 2020(2) dt.02-08-2021 3/3 weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T