Subhash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64121 of 2023 Arising Out of PS. Case No.-365 Year-2023 Thana- TEKARI District- Gaya ====================================================== SUBHASH YADAV Son of Late Sakaldeep Yadav @ Sakadeep Yadav R/o vill - Lashakarganj, Tola - Raman Bigha, P.S. - Tekari, Distt. - Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate.
For the Opposite Party/s:
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.
2. Petitioner apprehends his arrest in connection with Tekari (Mau O.P.) P.S. Case No. 365 of 2023 dated 10.6.2023 registered for the offence punishable under Sections 341, 323, 308 and 504/34 of the Indian Penal Code.
3. As per the First Information Report, while the informant asked the petitioner and others to remove the earthing wire from the premises of the informant, all the accused persons assaulted him. It has further been alleged that they also assaulted the informant by means of steel (crutches) due to which the informant sustained head injury.
4. Learned counsel for the petitioner submits that both the parties are close door neighbour and occurrence has
Patna High Court CR. MISC. No.64121 of 2023(2) dt.19-10-2023 2/3 taken place due to earthing wire having been placed near the house of the informant. Learned counsel further submits that upon perusal of the First Information Report, allegation against the petitioner is not specific but the same is general and omnibus in nature. He next submits that other co-accused persons have been granted anticipatory bail by learned Additional Sessions Judge himself. The injury has been caused upon the head of the informant, therefore, the petitioner and others have been charged under Section 308 of the Indian Penal Code by the Police in the First Information Report. There is two days delay in lodging the First Information Report.
5. Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the allegation against the petitioner is general, omnibus in nature and there is delay of two days in lodging the First Information Report and both the parties are close door neighbours, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, in the event of arrest or surrender before the learned court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two
Patna High Court CR. MISC. No.64121 of 2023(2) dt.19-10-2023 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Gaya, in connection with Tekari (Mau O.P.) P.S. Case No. 365 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) S.Ali/- U T