Vidya Sagar Yadav @ Butan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60193 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== VIDYA SAGAR YADAV @ BUTAN YADAV SON OF RAJ KUMAR YADAV @ MUNNA YADAV RESIDENT OF VILLAGE PIRAUTA PS ARA MUFFASIL DISTRICT BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 504/34 IPC. 3.

Allegedly, the petitioner and one Bajharu Yadav came in drunken stage and abused and assaulted the informant by means of lathi, danda and knife.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that petitioner along

Patna High Court CR. MISC. No.60193 of 2023(2) dt.13-10-2023 2/2 with other co-accused namely Bajharu Yadav filed the anticipatory bail in the Court below but the court below has granted anticipatory bail to the Bajharu Yadav and rejected the anticipatory bail of the petitioner on the ground that the petitioner has moved the court below earlier also and the same was not mentioned. It is submitted that there is no specific overt act against the petitioner and the co-accused was granted anticipatory bail by the Court below itself. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ara (M) P.S. Case No.171/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T