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Patna High CourtCR. MISC./69052/2024allowed

Anil Yadav v. The State Of Bihar

2024-10-18Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69052 of 2024 Arising Out of PS. Case No.-441 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Anil Yadav Son of SovitYyadav Resident of Village- Basantpur, Dogachchi, P.S.- Nathnagar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nathnagar P.S. Case no. 441 of 2023 instituted for the offence under Sections 341, 323, 307, 385, 379, 504, 506 and 34 of the Indian Penal Code.

3. The prosecution case is that the petitioner along with others arrived while informant was plucking mango from his orchard. Allegation against the petitioner is that he assaulted the labourers of the informant and also demanded Rs. 50,000/- as 'rangdari'. It is further alleged that this petitioner assaulted with 'iron rod' on the head of the informant due to which he

Patna High Court CR. MISC. No.69052 of 2024(2) dt.18-10-2024 2/3 received injury.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that though injury report is not before this Court but from perusal of the order of the trial Court, it transpires that the nature of injury is simple. It is also been submitted by the learned counsel for the petitioner that the parties have compromised the case and a compromise petition is also filed which is annexed as Annexure2 to the petition. Lastly, he submits that there is also a counter version of this case.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Nathnagar P.S. Case no. 441 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.69052 of 2024(2) dt.18-10-2024 3/3 Bhagalpur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Jagdish/- U T