Deepak Yadav @ Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46016 of 2024 Arising Out of PS. Case No.-772 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Deepak Yadav @ Deepak Kumar Son of Bhupendra Yadav Resident of VillPatuaha, P.S.- Saharsa, District- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satish Singh, Advocate For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case No. 772 of 2023 instituted for the offences under Sections 341, 323, 324, 307, 384, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. Allegation against the accused persons including the petitioner is that they abused and assaulted the informant. It is further alleged that co-accused Ajit Yadav gave iron rod blow on the head of the informant.
4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.46016 of 2024(2) dt.10-07-2024 2/3 present case due to dirty village politics. Learned counsel further submitted that there is a delay of four days in lodging the FIR without plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific accusation of assaulting by means of iron rod is attributed to co-accused Ajit Yadav who has already been granted regular bail by this Bench vide order dated 29.01.2024 passed in Cr. Misc. No. 3668 of 2024. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six months 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 Court below/concerned Court in connection with Saharsa Sadar P.S. Case No. 772 of 2023, subject to the conditions as laid down
Patna High Court CR. MISC. No.46016 of 2024(2) dt.10-07-2024 3/3 under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Alok Verma/- U T