Chhote Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53447 of 2019 Arising Out of PS. Case No.-281 Year-2019 Thana- ARA NAGAR District- Bhojpur ====================================================== Chhote lal Yadav, male, aged about 22 years, Son of Ambiuka Yadav, Resident of Village - Ahirpurwa, P.S.- Ara Nagar, Distt - Bhojpur, Distt - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Ara Town P.S. Case No. 281 of 2019 registered under sections 307, 341, 323, 379, 504, 506/34 of the IPC. The allegation against the petitioner is that he assaulted the informant by means of rod on his head. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of a belated FIR inasmuch as from perusal of the first information report, it is evident that occurrence has allegedly taken place on 03.06.2019, whereas, FIR has been lodged on the basis of a written report of the informant on 14.06.2019 i.e. after

Patna High Court CR. MISC. No.53447 of 2019(2) dt.27-08-2019 2/2 a delay of 11 days. Learned counsel further relying upon Annexure-2, submits that injury caused to the informant has been found to be simple in nature.

After having heard learned counsel for the parties and taking into consideration the fact that the FIR has been lodged after a lapse of about 11 days without any explanation and injury caused to the informant appears to be simple in nature on his head, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today 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 the learned C.J.M., Bhojpur at Ara in connection with Ara Town P.S. Case No. 281 of 2019 subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U