Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43111 of 2023 Arising Out of PS. Case No.-859 Year-2022 Thana- SHERGHATI District- Gaya ====================================================== UPENDRA YADAV S/O KAILU YADAV RESIDENT OF VILLAGEGOPALPUR PS- SHERGHATI DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Anand, Adv.

Mrs.Madhuri Kumari, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 323, 341, 326, 307, 379, 504 and 34 of the IPC.

3.

Allegation, as per the F.I.R. is that the petitioner armed with kudal assaulted the informant and his wife on their head. 4.

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 leveled against the petitioner is not specific rather general and omnibus in nature. For the alleged occurrence, there is case and

Patna High Court CR. MISC. No.43111 of 2023(2) dt.10-08-2023 2/2 counter-case between the parties and also there is an admitted land dispute between the parties. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, 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 connection with Sherghati P.S. Case No.859 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T