Putun Yadav @ Bindeshwar Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68063 of 2024 Arising Out of PS. Case No.-169 Year-2020 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Putun Yadav @ Bindeshwar Prasad Yadav Son of Late Chamari Yadav Resident of Village -Sonsa, P.S.- Nimchak Bathani, District -Gaya. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Nimchak Bathani P.S. Case No. 169 of 2020 dated 30.08.2020 registered for the offence punishable u/s 341, 323, 308 and 504 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the son of the informant was coming to his house with cow. In the meantime, all the accused persons including the petitioner surrounded him and started assaulting him with lathi-danda. On hearing hulla, the wife of the informant came to rescue, she was also assaulted by them, due to which she sustained head injury. The reason behind the occurrence is said to be old land dispute. In that course, the informant also received injury.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.68063 of 2024(2) dt.11-12-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. The other co-accused person has already been granted bail by this court vide order dated 19.01.2023 passed in Cr. Misc. No. 54663/2022. Learned counsel has submitted that the injury is simple in nature caused by hard and blunt substance. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gaya in connection with Nimchak Bathani P.S. Case No. 169 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T