Anish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49070 of 2022 Arising Out of PS. Case No.-140 Year-2020 Thana- SAKURABAD District- Jehanabad ====================================================== ANISH YADAV SON OF BHONS YADAV R/O VILLAGE- NIRPUR, P.S.- SHAKURABAD, DISTRICT- JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor 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 341, 323, 307, 338, 302/34 of the Indian Penal Code.

The prosecution case in brief is that the son of the informant went for walk, meanwhile some miscreants brutally assaulted him and after that he came to his house and became unconscious. It is alleged that the informant got knowledge about the occurrence by social media. Thereafter, the son of the informant died in the course of treatment.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.49070 of 2022(2) dt.08-12-2022 2/3 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 levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He submits that the petitioner is not named in the FIR but during investigation his name transpired in the present case. Petitioner has no criminal antecedent and several similarly situated co-accused person has been enlarged on anticipatory bail by this court vide order dated 11.07.2022, passed in Cr. Misc. No.622029 of 2021 and other co-accused have been granted bail by co-ordinate bench of this Court. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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 Shakurabad P.S. Case No.140 of 202, subject to the

Patna High Court CR. MISC. No.49070 of 2022(2) dt.08-12-2022 3/3 conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T