Ganesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70349 of 2024 Arising Out of PS. Case No.-413 Year-2023 Thana- JHAJHA District- Jamui ====================================================== Ganesh Yadav S/o Late Jageshwar Yadav R/o Village- Tilwaria, P.S.- Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-10-2024 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 Jhajha P.S. Case No. 413 of 2023 instituted for the offence under Sections 447, 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

3. The case of the prosecution is that on the alleged date of occurrence, seven accused persons along with the petitioner started abusing and assaulting the informant. The allegation against the petitioner is that he assaulted with iron rod on the head of the informant due to which the informant received head injury.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.70349 of 2024(2) dt.25-10-2024 2/2 offence. He has falsely been implicated in this case. There is also a counter version of this case. On the same day, a case was filed from the side of the accused specifically by this petitioner. It has also been argued that both parties have received injuries. There is also land dispute between the parties. It seems to be a case of free fight between the parties. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has 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 Jhajha P.S. Case No. 413 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 C.J.M., Jamui, subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) lata/- U T