Sunil Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56283 of 2024 Arising Out of PS. Case No.-141 Year-2023 Thana- BATH District- Bhagalpur ====================================================== Sunil Kumar Yadav SON OF LATE YADU NANDAN YADAV VillageDindayalpur PS -Bath Distt - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Ghosarvey, Adv.

For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-09-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Bath P.S. Case No. 141 of 2023 dated 08.11.2023 registered for the offence(s) punishable under Section(s) 341, 342, 323, 353, 188, 385, 504 and 506 of the Indian Penal Code.

3. Mr. Sanjay Ghosarvey, learned counsel for the petitioner submits that, in fact, in between the petitioner's son and a student some altercation took place which resulted in head injury to the petitioner's son who was studying in the informant's school at that time and thereafter the petitioner made complaint and upon that, being enraged, the informant filed this case based on a false and concocted story. It is further submitted that the petitioner has got no criminal antecedent and he belongs to a poor family and it is not the case of the prosecution that the petitioner created obstacle in the official

Patna High Court CR. MISC. No.56283 of 2024(3) dt.09-09-2024 2/2 duty of the informant and others instead, there is simple allegation against him of having closed the gate of the school of the informant.

4. Mr. Aditya Narain Singh-1, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Having considered the above submissions and mainly taking into account the petitioner's fair and clean antecedent and the genesis of the occurrence mentioned in the F.I.R., in my opinion, it is a fit case for grant of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Bath P.S. Case No. 141 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) BKS/- U T