← Library
Patna High CourtCR. MISC./48773/2019allowed

Gorelal Yadav @ Mithelesh Kumar v. The State Of Bihar

2019-08-06Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48773 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- DEO District- Aurangabad ====================================================== Gorelal Yadav @ Mithelesh Kumar, Son of Shree Tripurari yadav Resident of Village - Gewal Bigha, P.S.- Madanpur, Dist.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-08-2019 At the very outset, learned counsel appearing for the petitioner seeks permission to make necessary correction in paragraph No.1 and prayer portion of this petition. Prayer is allowed. Let the petitioner make necessary correction in para 1 and prayer portion relating to P.S. case number. Petitioner apprehends his arrest in connection with Deo P.S. Case No.118 of 2018 for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 379 of the Indian Penal Code.

The allegation against the petitioner as per the First Information Report is that he along with other co-accused persons assaulted the informant variously and other persons causing them injuries.

Patna High Court CR. MISC. No.48773 of 2019(2) dt.06-08-2019 2/3 Mr. Dhaneshwar Prasad Gupta, learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. Learned counsel further submits that from the injury report of the informant, it would be evident that injury is simple in nature and another is said to be grievous found in the back portion of the body. He further submits that other injured person have also got injury. It has fuhrer been submitted that named accused persons have been granted bail by this Court in Cr. Misc. No.42734 of 2019 and Cr. Misc. No.16698 of 2019.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner is not named in the FIR and injury found on the person of the informant is simple in nature except one injury caused to the informant on the non-vital part of the body and further the named accused persons have been granted anticipatory bail by this Court, as such, I am inclined to grant anticipatory bail to all these petitioners.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon

Patna High Court CR. MISC. No.48773 of 2019(2) dt.06-08-2019 3/3 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T