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Patna High CourtCR. MISC./41690/2022allowed

Raj Kumar Yadav v. The State Of Bihar

2022-11-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41690 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- JHAJHA District- Jamui ====================================================== RAJ KUMAR YADAV Son of Pyare Yadav Resident of Village - Khairan, P.s.- Jhajha, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under section 147, 149, 341, 323, 307, 354, 379, 447, 504 of the IPC.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is an admitted land dispute between the parties. The injuries are simple in nature. The allegation upon the petitioner is to assault Sarita Devi by means of rod but

Patna High Court CR. MISC. No.41690 of 2022(2) dt.28-11-2022 2/2 the prosecution has not brought on record the injury report of her. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is a land dispute between the parties, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Jhajha P.S. Case No.214 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T