Girdhari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1894 of 2021 Arising Out of PS. Case No.-153 Year-2019 Thana- BIND District- Nalanda ====================================================== GIRDHARI YADAV Son of Late Ramashish Yadav Resident of Village - and P.O.- Bind, P.S.- Bind, Distt.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), 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 341, 323, 326, 307, 504, 506/34 of the Indian Penal Code.

Allegedly, while the informant was sitting near a Pan Gumti, the accused persons started abusing him. On protest, they went from there giving threatening. Thereafter, other accused persons having knives in their hands, came there and attacked the informant as a result of which, the informant sustained injuries. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of

Patna High Court CR. MISC. No.1894 of 2021(2) dt.15-07-2021 2/2 tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The allegation of assault is alleged against co-accused namely Ram Lakhan and Sunil. There is no allegation of assault against the petitioner. The nature of injury is said to be simple.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or 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 Chief Judicial Magistrate, Bihar Sharif, Nalanda in connection with Bind P.S. Case No. 153 of 2019 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 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) A.K.V.//- U T