Mritunjay Yadav @ Mritunjay Kr. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51827 of 2018 Arising Out of PS.Case No. -266 Year- 2018 Thana -KHAGARIA District- KHAGARIA ====================================================== Mritunjay Yadav @ Mritunjay Kr. Yadav Son of Umesh Yadav Resident of Village- Dan Tol, P.S.+District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar Agrawal For the Opposite Party/s : Mr. Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 342, 307, 379/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in brief, is that accused persons armed with weapons, surrounded the son of the informant and assaulted him with bamboo piece and iron rod.

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. There is case and counter case between the parties. The petitioner's side also received injury. The injury received by accused side, has not been

Patna High Court Cr.Misc. No.51827 of 2018 (3) dt.05-10-2018 explained by the prosecution. The prosecution has not come with a clean hand. The other similarly situated co-accused namely, Umesh Yadav and Rekha Devi have been granted anticipatory bail by a coordinate bench of this court vide order dated 17-07-2018 passed in Cr. Misc. No. 41248 of 2018.

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, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 266 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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