Baijnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54754 of 2022 Arising Out of PS. Case No.-109 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Baijnath Yadav Son Of Late Ajab Lal Yadav R/V- Bhuthari, P.S- Bachhwara, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate.

For the Opposite Party/s :

Mr. Arun Kumar Pandey. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 307 and 504 of the Indian Penal Code.

Petitioner is said to have assaulted the informant and informant's son with Lathi, Danda and Rod on their head as a result of which causing head injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to previous dispute. He submits that all the sections are bailable except section 307 of the Indian Penal Code which is

Patna High Court CR. MISC. No.54754 of 2022(2) dt.15-12-2022 2/2 not applicable against the petitioner. He submits that there is specific allegation against the co-accused Subhash yadav who assaulted the informant by means of iron rod. He submits that there is general and omnibus allegation leveled against the petitioner. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bachhwara P.S. Case No. 109 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) guddukr/- U T