Hari Vansh Yadav @ Haribansh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58316 of 2024 Arising Out of PS. Case No.-309 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== Hari Vansh Yadav @ Haribansh Yadav, S/o Satya Narayan Yadav, R/o VillageInarva, P.S- Phulparas, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Phulparas P.S. Case No. 309 of 2023 instituted under Sections 448, 341, 323, 354(B), 379, 504, 506 & 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner was digging earth and making ditch on the road and pretending that he is in drunken condition and when the informant objected him, he started abusing her and when she went inside her courtyard the petitioner also entered there and assaulted her by means of fists and slaps and also snatched her silver chain.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.58316 of 2024(2) dt.11-09-2024 2/2 case. He further submits that there is land dispute between the parties due to which the altercation took place between them and there is also case and counter case between the parties. Both the parties are gotiya. Learned counsel also submits that there is no eye witness of the alleged occurrence. He further submits that petitioner has no criminal antecedent and he undertakes to co-operate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-II, Jhanjharpur, Madhubani / Concerned Trial Court in connection with Phulparas P.S. Case No. 309 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashishkr/- U T