Shambhu Yadav @ Shambhu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43265 of 2023 Arising Out of PS. Case No.-39 Year-2020 Thana- PHULPARAS District- Madhubani ====================================================== Shambhu Yadav @ Shambhu Kumar Yadav Son of Kusum Lal Yadav, Resident of Village- Bahuarva, PS- Phulparas, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

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

2. The petitioner is apprehending his arrest in connection with Phulparas P.S. Case No. 39 of 2020 dated 27.01.2020, registered for the offences punishable under Sections 341, 323, 308, 504 and 34 of the Indian Penal Code pending in the learned Court below.

3. As per the prosecution story, the petitioner along with other co-accused persons stopped the grandson of the informant by pointing pistol and assaulted him. It is further alleged that the petitioner and one co-accused person toppled his motorcycle and again assaulted him due to which he sustained injuries.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case and the

Patna High Court CR. MISC. No.43265 of 2023(2) dt.10-08-2023 2/2 petitioner has 3 criminal antecedents as mentioned in para-3 of the bail application. The allegation against the petitioner is that he pointed a gun on the grandson of the informant and other coaccused persons assaulted the grandson of the informant.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act to assault the grandson of the informant by the petitioner, I am inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner, named above, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty-Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case in pending/Successor Court, in connection with Phulparas P.S. Case No. 39 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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