Bablu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4155 of 2021 Arising Out of PS. Case No.-186 Year-2020 Thana- ROSERA District- Samastipur ====================================================== BABLU YADAV Son of Ramsohan Yadav Resident of Village - Muradpur, Ward No. 2, P.S. Rosra, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raja Ram Mishra For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in a case registered under Sections 120B, 302 and 34 of the Indian Penal Code.

The prosecution case, in short, is that when the father of the informant went for mediation to resolve the dispute between the neighbours, the accused persons including the petitioner assaulted the father of the informant due to which he sustained injury and later died.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.4155 of 2021(2) dt.20-07-2021 2/3 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The Allegation of assault is denied by the petitioner. As per the post-mortem report, there is no external injury found upon the deceased. The deceased is said to have died due to cardiac arrest. The post-mortem report does not support the allegation made in the F.I.R. Other co-accused has been granted anticipatory bail vide order dated 14.07.2021 passed in Cr. Misc. No. 36995 of 2020.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances and also the lockdown, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned A.C.J.M. -I, Rosera, Samastipur in connection with Rosra P.S. Case No. 186 of 2020, G.R. No. 585/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.4155 of 2021(2) dt.20-07-2021 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T