Raj Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.158 of 2022 Arising Out of PS. Case No.-82 Year-2021 Thana- SILAO District- Nalanda ====================================================== RAJ KISHOR YADAV Son of Sri Arjun Yadav Resident of VillageKamdarganj, P.S.- Silao, District- Nalanda at Biharsharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lal Mani Sharma, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 379, 307 and 34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner has antecedent of one case and the informant alleges that when his father had gone for milking cow and had reached near Anganwadi Kendra, the accused persons, including the petitioner, on account of previous enmity surrounded him and the petitioner gave order to kill on which it is alleged that Nitish Kumar assaulted with lathi causing injury on left hand of the father of the informant

Patna High Court CR. MISC. No.158 of 2022(2) dt.03-08-2022 2/3 and Mukesh Yadav, Dharmendra Yadav and Tuntun Yadav assaulted his father fracturing both his hands, it is next alleged that the accused persons fled from the place of occurrence after throwing him in the field thinking that he had died and even stole Rs. 5,000/- from the victim. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next alleged that no overt act has been alleged against him except the fact that he is alleged to be an order giver, it is next submitted that it is easy to implicate someone falsely by alleging that it was on his order that the occurrence was committed.

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

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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below

Patna High Court CR. MISC. No.158 of 2022(2) dt.03-08-2022 3/3 where the case is pending/successor court in connection with Silao P.S. Case No. 82 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T