Bipin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71359 of 2024 Arising Out of PS. Case No.-293 Year-2023 Thana- ALAMNAGAR District- Madhepura ====================================================== Bipin Yadav S/o Late- Chhabbu Yadav R/o Village- Nawgachhiya (Naugachia Basa), Tola Alamnagar, P.S.- Alamnagar, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the State :
Ms. Renu Kumari, 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 present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Alamnagar P.S. Case No. 293 of 2023, registered for the offences punishable under Sections 447, 341, 323, 324, 307, 379, 504, 506 read with Section 34 of the Indian Penal Code.
3. As per the allegation, the petitioner along with other co-accused has assaulted the victim causing injury on his head and other parts of the body.
4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that there is counter case bearing no. Alamnagar P.S. Case No. 178 of 2023 registered for the offences
Patna High Court CR. MISC. No.71359 of 2024(2) dt.23-10-2024 2/3 punishable under Section 307 and other Sections of the Indian Penal Code.
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 petition that the petitioner 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 Ld. J.M., Ist Class, Udakishunganj, District - Madhepura in connection with Alamnagar P.S. Case No. 293 of 2023, subject to the conditions as laid down under Section 438
(2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the
Patna High Court CR. MISC. No.71359 of 2024(2) dt.23-10-2024 3/3 disclosed one, 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) shoaib/- U T