Dipak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60196 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- KORANSARAI District- Buxar ====================================================== DIPAK YADAV Son of Late Rabindra Singh @ Late Ravindra Singh Resident of Village - Giridhar Baraon, P.S.- Nawanagar, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant in the FIR alleges that on account of dispute relating to a dance programme, Vikash Yadav stabbed the son of the informant who fell down, thereafter it is alleged that all the accused persons including the petitioner fled on their motorcycle after firing in the air.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.60196 of 2021(2) dt.12-07-2022 2/3 petitioner has been falsely implicated in the present case, the date of occurrence is 16.06.2021 and the FIR has been instituted on 03.07.2021. Learned counsel next submits that though in the FIR it is alleged that the victim was taken to government hospital at Buxar and thereafter to PMCH but if what has been alleged in the FIR is true that the victim suffered stab injuries, then the government hospital must have informed the police. The fact that the hospital did not inform the police itself shows that the occurrence took place in a different manner and the informant by way of afterthought implicated the accused persons, including the petitioner.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) each 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 Koran Sarai P.S. Case No. 63 of 2021 subject to the conditions as laid

Patna High Court CR. MISC. No.60196 of 2021(2) dt.12-07-2022 3/3 down under Section 438 (2) of the Cr.P.C. with a condition that one of the bailors of the petitioner shall be his cousin brother Manish Yadav.

(Satyavrat Verma, J) Shivam/- U T