Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53657 of 2023 Arising Out of PS. Case No.-178 Year-2017 Thana- SONO District- Jamui ====================================================== Anil Yadav Son Of Brahmdeo Yadav Resident Of Village- Agahara, Ps- Sono, Distt- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Prasad For the Opposite Party/s :
Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sono P.S. Case no. 178 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 342, 325, 324, 307, 302 and 120B of the Indian Penal Code.
Prosecution case is that while the informant was cultivating, accused persons including the petitioner came there and abused him and on protest, they assaulted the informant side with lathi, danda, farsa, bhala etc as a result of which, two of the injured died during treatment.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no
Patna High Court CR. MISC. No.53657 of 2023(5) dt.09-07-2024 2/3 offence. He has falsely been implicated in this case due to land dispute. No any specific overt act of assaulting against the petitioner rather the specific allegation of assaulting is against co-accused Brahmdev Yadav, Asho Yadav and Tuntun Yadav. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Similarly situated other co-accused person has already been granted anticipatory bail by this Court vide order dated 07.11.2022 in Cr. Misc. No. 34270 of 2021.
In compliance of the order dated 07.03.2024 a report has been received by which, it appears that non-bailable warrant was issued. The process of Sections 82 and 83 of the Cr.P.C. have not been issued against the petitioner.
Learned counsel for the informant and learned APP for the State have opposed the prayer for bail of the petitioner. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Sono P.S. Case no. 178 of 2017, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.53657 of 2023(5) dt.09-07-2024 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Jamui subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Shubham/- U T