Anil Yadav @ Avinash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46510 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== ANIL YADAV @ AVINASH YADAV Son of Lal Bihari Yadav Resident of Village - Ranipur, P.S. - Sadar, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr.Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Darbhanga Sadar P.S. Case No.68 of 2022 instituted under Sections 341,323,379,384,386,504,506/34 of the IPC.

As per the prosecution story, the informant who claims to be an agent in the bus stand alleged that he was demanded 'Rangdari' amongst other by the petitioner herein and as he ignored the same, on the fateful day, on the order of his father Lal Bihari Yadav, Rajesh Yadav as well as this petitioner tried to open fire. As he caught hold of them, he was assaulted on the head as also shoulder and thereafter they left but not before decamping with Rs.32,000/- from him. Learned counsel for the petitioner submits that there has been dispute between the informant and the father of the petitioner for the settlement of the bus stand and in the said dispute, this petitioner has been dragged in who has nothing to do with the said

Patna High Court CR. MISC. No.46510 of 2022(2) dt.03-01-2023 2/2 settlement and was actually a candidate for the Panchayat Samiti, Ranipur and just to pressurize him, this FIR has been lodged. It is further case that so far as criminal antecedent is concerned, one after another FIR was lodged being Darbhanga P.S. Case No.67/2022 and the Darbhanga P.S. Case No.68/2022, other than them, he has clean antecedent.

Learned APP on the other hand opposes the prayer for anticipatory bail.

Taking into account the aforesaid facts as also that there is dispute between Lal Bihari Yadav and the informant for the settlement of bus stand, there is no injury on the side of the informant, this Court is inclined to grant him relief. Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Darbhanga Sadar P.S. Case No.68 of 2022 to the satisfaction of learned Additional Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /- U T