Raghu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60059 of 2023 Arising Out of PS. Case No.-249 Year-2023 Thana- WARISLIGANJ District- Nawada ====================================================== Raghu Yadav S/O- Late Baso Yadav, r/o Village- Lila Bigha, PSWarisaliganj, Dist- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Warisaliganj P.S. Case No. 249 of 2023 dated 19.05.2023, registered for the offences punishable under Sections 341, 323, 354, 379, 504, 506 and 34 of Indian Penal Code. 3.

The main submissions advanced by learned counsel for petitioner are that both the parties are neighbours and in between them there was a trivial issue regarding drainage water which resulted in an altercation in between them at the relevant time of alleged occurrence and among the alleged offences of the FIR, except the offence punishable under Section 354 and 379 of IPC, all other offences are bailable and the said both non-bailable offences are not specifically attributed against the petitioner. Further submissions are that as per the FIR, the alleged offence took place on 14.05.2023 but the FIR was lodged on 19.05.2023

Patna High Court CR. MISC. No.60059 of 2023(2) dt.11-10-2023 2/2 and during investigation, the informant and two witnesses namely, Sakal Yadav and Pramod Yadav did not support the allegation concerned to the petitioner. Further submission is that the petitioner has fair and clean antecedent.

4.

Learned APP for the State opposes the bail prayer of the petitioner.

5.

Considering the above submissions and mainly the nature of allegation appearing against the petitioner as well as his fair and clean antecedent, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail in connection with Warisaliganj P.S. Case No. 249 of 2023 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of concerned Court, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) Shahnawaz/- U T