Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53889 of 2019 Arising Out of PS. Case No.-422 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== MITHLESH YADAV Son of Late Rampati Yadav Resident of VillageSamochak, P.S.- Makhdumpur in the district of Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-08-2019 The petitioner apprehends his arrest in connection with Makhdumpur P.S.Case No. 422 of 2018 registered under Sections 147,148,149,307,323,379 and 506 of the Indian Penal Code.

Allegation against the petitioner, as per FIR, is that petitioner along with other accused persons entered into the house of the informant and assaulted him with Khanti, Lathi, Danda and rod.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and general and omnibus allegation has been levelled against him and others. He submits that there is case and counter case in between the parties inasmuch as Makhdumpur P.S.Case No. 423 of 2018 has been registered by the side of the petitioner and both parties are covillagers as well as agnate. Learned counsel, relying upon

Patna High Court CR. MISC. No.53889 of 2019(2) dt.28-08-2019 2/2 Cr.Misc. No. 25707 of 2019, submits that similarly situated coaccused persons have been granted anticipatory bail and the informant has received simple injury except one grievous near ankle which is on non-vital part of the body. After having heard learned counsel for the parties and taking into consideration the fact that both parties are agnate and there is case and counter case in between the parties and further similarly situated accused persons have been granted anticipatory bail as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Jehanabad in connection with Makhdumpur P.S.Case No. 422 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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