Tipan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42203 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== Tipan Yadav Son Of Budhu Yadav Resident Of Village - Mohanpur, P.S.- Laxmipur, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Laxmipur P.S. Case no. 45/2022 instituted for the offence under Sections 341, 323, 307 and 379/34 of the Indian Penal Code.

As per allegation in the FIR, when the wife of the informant was going to shop, in the meantime, the petitioner along with other co-accused persons armed with lathi danda and started assaulting her due to which she sustained head injury. It is further alleged that when her son and daughter tried to save their mother, they were also assaulted by the accused persons and they also snatched chain and watch from the informant. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.42203 of 2022(2) dt.07-12-2022 2/2 has submitted that petitioner is innocent and has committed no offence. He has got no criminal antecedent. The informant and petitioner are belonged to same family and some partition dispute going on between them due to which the petitioner has falsely been made accused in this case. It is further submitted that the injury sustained by the informant is simple in nature. Learned APP appearing for the state has opposed the prayer of anticipatory bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection Laxmipur P.S. Case no. 45 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Judicial Magistrate 1st Class, Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) amandeep/ravi U T