Bikau Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48259 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- PIPRASI District- West Champaran ====================================================== Bikau Yadav Son of Satyanarayan Yadav Resident of Village - Jarar, P.s.- Kotwal Padrauna, Distt.- Kushinagar (U.P.) ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Zainul Abedin, Advocate For the Informant :

Ms. Rashmi Jha, Advocate For the Opposite Party :

Mr. Narendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered for the offence punishable under sections 302/34 of the Indian Penal Code.

The allegation against the petitioner and other co-accused person is of threatening to kill the daughter-in-law and son of the informant.

It is submitted by learned counsel for the petitioner that the petitioner was not present in the house on that day. He was going to attend the marriage ceremony in Sasural. According to the F.I.R., there is no specific overt act against the petitioner.

Patna High Court CR. MISC. No.48259 of 2022(2) dt.06-12-2022 2/2 He has been falsely implicated in this case. 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. The petitioner has no criminal antecedent. Learned APP for the State vehemently opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and materials available on record, 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 Piprasi P.S. Case No. 28 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Shahnawaz/- U T