Bachchu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54832 of 2022 Arising Out of PS. Case No.-506 Year-2021 Thana- BANKA District- Banka ====================================================== 1.

BACHCHU YADAV Son of Keshar Yadav Resident of Village - Bindi, P.S.- Banka, Distt.- Banka.

2.

Anil Kumar @ Anil Yadav Son of Sikandar Yadav Resident of Village - Bindi, P.S.- Banka, Distt.- Banka.

3.

Pappu Kumar @ Pappu Yadav Son of Prakash Yadav Resident of Village - Bindi, P.S.- Banka, Distt.- Banka.

4.

Sanjay Kumar @ Sanjay Yadav Son of Prakash Yadav Resident of Village - Bindi, P.S.- Banka, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar @Deepak Sahay, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 504, 506, 354(B), 354, 379, 308 and 34 of the Indian Penal Code.

The informant alleges that his son on 27.06.2021 was putting a cemented pipe at the door in front of his house for crossing the drain when accused persons including the petitioners came and assaulted his son and Bachchu assaulted

Patna High Court CR. MISC. No.54832 of 2022(2) dt.25-11-2022 2/3 the informant causing fracture of left leg.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that the allegation of assault is general and omnibus in nature though against Bachchu it is alleged that he assaulted the informant causing fracture of left leg but then from perusal of Annexure-2 to the anticipatory bail application it would manifest that informant Anita Devi was examined by the doctor and on examination swelling and pain in left ankle was found. Learned counsel next submits that it absolutely does not stand to reason that how swelling and pain in the leg can be a grievous injury, it is further submitted that even presuming what has been alleged is true without admitting for the purposes of anticipatory bail then the injury is on non vital part of the body. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.54832 of 2022(2) dt.25-11-2022 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Banka P.S. Case No. 506 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T