Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59153 of 2021 Arising Out of PS. Case No.-271 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJESH YADAV Son of Late Ram Yadav Resident of Village - Pathala Tola, P.S.- Muffasil (Lakho), Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sada Nand Roy, Adv.
For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner has filed a supplementary affidavit in this case for adding sections 308 and 379 IPC, which could not be mentioned in the main bail application.
Permission is granted.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 143, 341, 323, 504,
Patna High Court CR. MISC. No.59153 of 2021(3) dt.25-07-2022 2/3 506, 308 and 379 of the Indian Penal Code.
Allegedly, the FIR named accused persons including the petitioner have assaulted the informant indiscriminately by means of various weapons and when his family members came to save him, they were also assaulted by them. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. 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 specific allegation is against the coaccused Hardeo Yadav. No incriminating article taken away by the accused persons has been recovered from the conscious physical possession of the petitioner. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is no specific allegation against the petitioner, let him, 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
Patna High Court CR. MISC. No.59153 of 2021(3) dt.25-07-2022 3/3 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 Muffasil (Lakho) P.S. Case No.271 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T