Raj Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71435 of 2021 Arising Out of PS. Case No.-168 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== 1.

RAJ LAL YADAV Son of Late Jaldhari Yadav Resident of Village- Khajauli, P.S.- Khajauli, District- Madhubani.

2.

Shyam Yadav @ Shyam Sundar Yadav Son of Late Raghubansh Yadav Resident of Village- Khajauli, P.S.- Khajauli, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2022 Heard Shri Gagandeo Yadav, learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2, Shyam Yadav @ Shyam Sunder Yadav. Permission is accorded.

The petitioner no.1 apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 354(B), 324, 307, 448, 380, 580 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a senior citizen having clean antecedent and the

Patna High Court CR. MISC. No.71435 of 2021(3) dt.01-08-2022 2/3 informant alleges that on 19.08.2020 in the morning, the accused persons, including the petitioner, came to her house and started abusing and assaulting her and the petitioner along with Shyam Yadav even tore her blouse and saree thus disrobed her, it is next alleged that when her family members came to save her, they were also assaulted by Shyam Yadav and the son and brother-in-law of the informant were assaulted by Raj Lal Yadav (petitioner) by tengari on their head causing injury. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and the present occurrence took place on account of a land dispute, it is next submitted that the F.I.R.

has been instituted after a delay of three days by way of afterthought and after manipulating injury. It is next submitted that from the side of the petitioner, Khajauli P.S. Case No. 167 of 2020 was instituted and his fardbyan was recorded in the hospital and from the side of the petitioner also people have suffered injuries. It is also submitted that the injuries suffered from the side of the informant are simple in nature as would be evident from Annexure-3 to the anticipatory bail application.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.71435 of 2021(3) dt.01-08-2022 3/3 Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each 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 Khajauli P.S. Case No. 168 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T