Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70931 of 2023 Arising Out of PS. Case No.-83 Year-2023 Thana- KAJRA District- Lakhisarai ====================================================== BHIM YADAV S/O SUNDAR YADAV R/O VILLAGE- PUNADIH, P.SKAJRA, DISTT.- LAKHISARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 354(B), 379, 504, 34 of the Indian Penal Code.

3. Allegedly, all the accused persons including the petitioner are said to have assaulted the informant's side brutally with deadly weapons due to which they sustained injuries. Coaccused Rohit Kumar also tried to molest the informant's sister.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. Both the parties are agnates. The allegation levelled against the

Patna High Court CR. MISC. No.70931 of 2023(3) dt.05-02-2024 2/2 petitioner is not specific rather general and omnibus in nature. There is specific allegation against co-accused Rohit Kumar to assault the informant on his head by means of iron rod. There is admitted dispute for passage between the parties. Petitioner has one criminal antecedent as mentioned in para-3 of the supplementary affidavit.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Kajra P.S. Case No. 83 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T