Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47309 of 2024 Arising Out of PS. Case No.-60 Year-2024 Thana- JIRADEI District- Siwan ====================================================== Sanjay Yadav S/O Radha Yadav R/O Village- Khargi Rampur, PS- Ziradei, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. The informant alleges that on account of old dispute all the FIR named accused persons including the petitioner, who are agnates of the informant, came variously armed and petitioner assaulted the informant by farsa causing injury on his head thereafter Akash Yadav took gold chain and cash from the pocket of the informant. Further, all the accused assaulted and snatched gold chain of the son of the informant.

5. Learned counsel for the petitioner submits that petitioner being agnate of the informant has been falsely implicated

Patna High Court CR. MISC. No.47309 of 2024(2) dt.19-08-2024 2/2 in the present case by the informant on account of dispute relating to land. It is further submitted that no doubt the allegation against the petitioner is of assaulting the informant by farsa causing injury on head but then from perusal of the injury report as contained at Annexure-3 of the anticipatory bail application, it would manifest that the injury suffered by the informant is simple in nature. It is next submitted that the blow was not repeated and the petitioner is not a criminal.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten 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 Ziradei P.S. Case No. 60 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T