Kaseli Yadav @ Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71826 of 2024 Arising Out of PS. Case No.-65 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Kaseli Yadav @ Anil Yadav Son of Mushhari Yadav Resident of Vill- Abgil Rampur Hussina, P.S.- Mednichowki, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suman Kumar Mishra, Advocate For the State :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-10-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Mednichowki P.S. Case No. 65 of 2024 dated 31.03.2024 registered for the offences punishable under Sections 341, 323, 307, 504 read with Section 34 of the Indian Penal Code.
3. As per allegation, the petitioner along with the coaccused Sudhanshu Yadav has assaulted son of the informant causing injury on his head when the informant prohibited the petitioner and the co-accused from grazing their buffaloes in his field.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.71826 of 2024(2) dt.23-10-2024 2/3 case. He further submits that the petitioner has clean antecedent and the alleged injury as per the injury report is simple in nature. He also submits that co-accused Sudhanshu Yadav has already been enlarged on bail by learned court below itself.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has got no criminal antecedent.
7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Mednichowki P.S. Case No. 65 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
Patna High Court CR. MISC. No.71826 of 2024(2) dt.23-10-2024 3/3 (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T