Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6248 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- SONO District- Jamui ====================================================== SANJAY YADAV, aged about 45 years, Male, Son of Mahavir Yadav, Resident of Village - Jamukharaiya, Police Station - Jhajha, District - Jamui. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Mishra, Advocate.

For the Opposite Party :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-08-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned A.P.P. for the State through Virtual mode.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 307, 504 and 506/34 of the I.P.C.

The prosecution story, in brief, is that the petitioner caught hold the informant, namely, Garib Ram, and after that other co-accused, namely, Subodh Yadav, gave Axe blow over

Patna High Court CR. MISC. No.6248 of 2021(2) dt.24-08-2021 2/3 his head and due to which, he sustained head injury. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no allegation of assault alleged against the petitioner. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the side of accused persons has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of the learned Judicial Magistrate-Ist Class, Jamui, in connection with Sono P.S. Case No. 48 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.6248 of 2021(2) dt.24-08-2021 3/3 furnish bail bonds of Rs. 10,000/-(Rupees Ten Thousand) only with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T