Subodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80315 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- ATRI District- Gaya ====================================================== SUBODH YADAV S/o Rajeshwari Yadav Resident of Village- Mafa, P.S.- Atri, District- Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Sinha For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 341, 323, 324, 308, 354B, 379, 504, 506/34 of the Indian Penal Code and 37(C) of Bihar Prohibition of Excise Act.

Informant has alleged in her written complaint that on 09.04.2019 at about 1.30 PM her co-villagers Rajeshwari Yadav, Panu Devi, Manisha Devi, Dulari Devi and Subodh Yadav (petitioner) came in intoxicated condition and started abusing them and further allegation is against Panu Devi, Manisha Devi and Subodh Yadav (petitioner) of assaulting by lathi and danda, as a result of which her husband is suffering body-ache. They also snatched away ear ring and Rs. 15,000/- and threatened to

Patna High Court CR. MISC. No.80315 of 2019(2) dt.09-12-2019 2/2 kill them.

It has been submitted on behalf of petitioner that present case is a counter blast of case instituted by Rajeshwari Yadav one of the accused against the informant in which petitioner's side had suffered injury. The FIR instituted by side of petitioner is of prior time and thereafter present FIR was instituted.

Considering the nature of allegation to be omnibus and general and no injury is sustained by the informant's side and there being a case and counter case, prayer of anticipatory bail of the petitioner is allowed in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Atri P.S. Case No. 138 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(S. Kumar, J) veena/- U T