Manoj Yadav @ Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51641 of 2019 Arising Out of PS. Case No.-225 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== Manoj Yadav @ Manoj Kumar Yadav, son of Mahadeo Yadav Resident of Village- Budhua, Police Station- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Akbarpur P.S. Case No.225 of 2019 for the offence punishable under Sections 341, 323, 307, 353, 427, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioner as per the First Information Report lodged by BDO, Akbarpur stating therein that on 01.06.2019, at about 1:15 P.M., video conferencing was organized by Panchayati Raj Department along with Mukhiya of the Block. In the meanwhile, the informant heard noise from the chamber of Circle Officer and when the informant went towards chamber of C.O., he saw that petitioner along with other accused persons were attempting to assault the Circle

Patna High Court CR. MISC. No.51641 of 2019(2) dt.19-08-2019 2/3 Officer by holding his collar and when informant tried to prevent, the informant was also assaulted and abused by the petitioner by pressing the neck of the informant. Learned counsel appearing for the petitioner submits that petitioner has falsely been implicated in this case on concocted story by BDO inasmuch as from perusal of the FIR, it is evident that the video conferencing was organized on the date of occurrence and there was a huge crowed which had assembled for the video conferencing and it is highly improbable that in presence of crowd, the petitioner would assault the BDO and CO both. Learned counsel further submits that in fact the petitioner had gone there for preparation of income certificate from C.O. Office in which some conversion took place with the C.I. and no such offence has been committed by the petitioner.

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 the video conferencing was organized on the date of occurrence and possibility is of large number of villagers being assembled there and C.O and BDO were also there along with security personnel, as such, I am inclined to grant anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.51641 of 2019(2) dt.19-08-2019 3/3 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 furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Nawada, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.

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