Dudheshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55492 of 2024 Arising Out of PS. Case No.-536 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Dudheshwar Yadav Son of Munarik Yadav Resident of Vill- Lilachak, P.S.- Daudnagar, District-Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307 and 504 of the Indian Penal Code. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that accused persons including the petitioner came and petitioner stabbed him causing injury on waist, while Rahul tried to strangulate him with a towel and Vilash and other accused assaulted him with lahti and danda.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that a specific allegation is

Patna High Court CR. MISC. No.55492 of 2024(2) dt.03-09-2024 2/3 alleged against the petitioner that he assaulted the informant by knife causing injury on waist, but then, informant has not suffered any injury on waist by knife, rather the injury is caused by hard and blunt substance. It is also submitted that no sharp cut injury has been found on the body of the informant, which casts an aspersion on the case of the prosecution that as such, it is submitted that in order to give seriousness to the case, it is alleged that petitioner assaulted him by knife causing injury on waist. It is further submitted that the fact that informant was not assaulted by knife nor suffered any injury on waist, manifests from the injury report annexed as Annexure-2 to the anticipatory bail application.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is person with clean antecedent, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court

Patna High Court CR. MISC. No.55492 of 2024(2) dt.03-09-2024 3/3 in connection with Daudnagar P.S. Case No. 536 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T