Bihari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61499 of 2024 Arising Out of PS. Case No.-86 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Bihari Yadav S/o Jua Lal Yadav R/o Village- Bageva, P.S.- Andhramath, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Prasad, Adv.
For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-01-2025 Heard learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 341, 323, 324, 354(B), 379, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, this petitioner alongwith other co-accused persons, armed with lathi, farsa, iron rod and pistol, surrounded informant and her husband and thereafter, this petitioner assaulted with Farsa whereas other coaccused assaulted with iron rod, fists & slaps, due to which, both of them sustained several injuries. Petitioner is also alleged to have snatched gold chain from the neck of informant worth Rs. 95,000/-.
Patna High Court CR. MISC. No.61499 of 2024(3) dt.17-01-2025 2/3
4. Learned counsel for the petitioner submits that present case is counter blast of Andhramath P.S. Case No. 84 of 2023, which was lodged by co-accused Jaisi Lal Yadav against husband of informant and others and in order to save their skin, this false and concocted case has been lodged. He further submits that as per F.I.R., the date of occurrence is 06.06.2023 whereas present F.I.R. has been lodged on 18.06.2023 after a delay of 12 days and there is no plausible explanation of same. Similarly situated four co-accused persons have already been granted anticipatory bail by this Court, vide order dated 18.07.2024 passed in Cr.Misc. No. 42347 of 2024 (Annexure - 3 to the petition).
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, District - Madhubani in connection with Anchramath P.S. Case No. 86 of 2023, G.R. No. 1116 of 2023, subject to condition as laid down
Patna High Court CR. MISC. No.61499 of 2024(3) dt.17-01-2025 3/3 under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay U T