Ramadhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44769 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- BAGHA District- West Champaran ====================================================== RAMADHAR YADAV SON OF BALDEO YADAV RESIDENT OF VILLAGE- BANKATWA, WARD NO 21, PS- BAGAHA, DISTT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Kishun Prasad, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP For the Informant :

Mr.Milind Kumar Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-12-2023 Heard learned counsel for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 326, 307, 302, 504 and 506 of the IPC.

3.

Allegation on the petitioner is that he along with coaccused persons have assaulted the informant's side with several weapons.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Allegation against the petitioner is that he assaulted Krishna Yadav with lathi but

Patna High Court CR. MISC. No.44769 of 2023(5) dt.07-12-2023 2/2 the injury report suggests that the injury was simple in nature. Petitioner has one criminal antecedent.

5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the petitioner has threatened the informant and his family members, for which an F.I.R. has been lodged against the petitioner and others.

6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Bagaha P.S. Case No.232 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with a further direction that petitioner will not threaten the witnesses of the present case. (Anjani Kumar Sharan, J) pallavi/- U T