Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69809 of 2018 Arising Out of PS. Case No.-199 Year-2018 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Birendra Yadav Son of Upendra Yadav @ O.P. Yadav Resident of VillageMasti Fatehpur,Police Station-Muffasil (Lakho O.P.), Distt.-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 148, 149, 323, 341, 307, 504, 379, 427, 452 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons various armed entered house of the informant and started abusing the wife and the Bhabhi of the informant. On protest, the informant and one Komal Yadav were assaulted.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken

Patna High Court Cr.Misc. No.69809 of 2018(2) dt.30-11-2018 2/2 place due to land dispute. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. The other co-accused namely Deepak Yadav, Pappu Yadav and Harendra Yadav with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 20-09-2018 passed in Cr. Misc. No. 58714 of 2018. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Muffasil (Lakho O.P.) P.S. Case No. 199 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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