Deepak Yadav @ Deepak Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48700 of 2018 Arising Out of PS. Case No.-210 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Deepak Yadav @ Deepak Kumar Yadav Son of Azad Yadav Resident of Village - Bishunpur, Police Station Begusarai Town, District Begusarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar For the Opposite Party/s :
Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 324, 379, 504, 307, 506/34 of the Indian Penal Code.
Allegation is that the accused persons including the petitioner assaulted the informant and his son by means of iron rod, khanti and bamboo stick, due to which they sustained injuries and they also snatched Rs.14,000/-.
It has been submitted on behalf of the petitioner that 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 alleged date of occurrence is 29.03.2018,
Patna High Court Cr.Misc. No.48700 of 2018(3) dt.04-12-2018 2/2 whereas the case was instituted on 16.04.2018. Delay has not been explained on behalf of the prosecution. The prosecution has not come with clean hands. At best, it is a case for an offence under Section 325 of the I.P.C. No offence under Section 307 of the I.p.C. is made out.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. case No.210 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T