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Patna High CourtCR. MISC./45460/2022allowed

Santosh Yadav v. The State Of Bihar

2022-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45460 of 2022 Arising Out of PS. Case No.-165 Year-2021 Thana- LODIPUR District- Bhagalpur ====================================================== Santosh Yadav Son of Upendra Yadav R/v- Dhaka More, P.S- Banka DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Lodipur P.S. Case no. 165 of 2021 instituted for the offence under Sections 341, 323, 307, 379, 427, 504, 506/34 of the Indian Penal Code.

Prosecution story relates to abuse and assault to the informant and his family members by the petitioners and other co-accused persons over a petty dispute regarding damage of chhatri of informant by the accused persons.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. There is case and counter case between the parties. Both parties have received injuries in alleged

Patna High Court CR. MISC. No.45460 of 2022(2) dt.13-12-2022 2/2 incident. He has got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Lodipur P.S. Case no. 165 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IX, Bhagalpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U