Jai Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.561 of 2022 Arising Out of PS. Case No.-355 Year-2021 Thana- NARPATGANJ District- Araria ====================================================== 1.
JAI PRAKASH YADAV S/o- Ayodhi Yadav Resident of VillagePanjarkatta, Ward No. -3, P.S.- Narpatganj, District- Araria. 2.
Roshan Kumar S/o- Jai Prakash Yadav Resident of Village- Panjarkatta, Ward No. -3, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 324, 325, 326, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleges that the present occurrence took place as his neighbours, in his absence, came to his house as earlier the informant had some dispute with the neighbors and when informant had gone out to earn wages, they entered his house and petitioner no.1 assaulted his minor son by sword causing injury on his head and when he fell down, all the accused persons, including the petitioners,
Patna High Court CR. MISC. No.561 of 2022(2) dt.03-08-2022 2/3 assaulted him by lathi and danda.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the present case and further draws the attention of the Court to the F.I.R. to show that the date of occurrence is 06.03.2021 and the F.I.R. was instituted on 26.07.2021 i.e., after a delay of nearly four months without any plausible explanation.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners but is not in a position to rebut the submissions made by the learned counsel for the petitioners.
Considering the submissions made by the learned counsel for the petitioners and the fact that there is an inordinate in instituting the F.I.R., the petitioners abovenamed, in the event of their 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 Narpatganj P.S. Case No. 355 of 2021 subject
Patna High Court CR. MISC. No.561 of 2022(2) dt.03-08-2022 3/3 to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishi/- U T