Visheshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60641 of 2022 Arising Out of PS. Case No.-611 Year-2021 Thana- SUPAUL District- Supaul ====================================================== VISHESHWAR YADAV S/o Nandlal Yadav R/o village- Itahari, Ward No. 15, P.S.- Supaul, District- Supaul, State- Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Kumar, Advocate.

For the Opposite Party/s :

Ms. Sharda Kuamri, APP.

For the Informant :

Ms. Kanchan Jha, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Supaul P. S. Case No. 611 of 2021 registered for the offences punishable under Sections 341, 342, 323, 324, 506 and 307 read with Section 34 of the Indian Penal Code.

As per the prosecution case, co-accused persons including

Patna High Court CR. MISC. No.60641 of 2022(3) dt.08-02-2023 2/3 Maheshwari Yadav and Kusheshwar Yadav tied the informant's neck by a gamchha and pulled the same to kill him, due to which his breath stopped and he felt uneasy, thereafter, the co-accused Om Prakash and Pappu Yadav with intent to kill him inflicted dabiya blow on his head due to which he sustained head injury. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Injury of the injured is simple in nature though caused by sharp edged weapon. Learned counsel further submitted that similarly situated co-accused persons have already been granted bail by this Court vide order dated 10.01.2023 passed in Cr. Misc. No. 51594 of 2022. The petitioner has one more criminal case as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail petition of the petitioner. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned, Supaul in connection with Supaul P. S. Case No. 611 of 2021, subject to conditions as laid down under

Patna High Court CR. MISC. No.60641 of 2022(3) dt.08-02-2023 3/3 section 438(2) of the Code of Criminal Procedure. The application stands allowed.

(Chandra Prakash Singh, J) shakir/- U T