Upendra Yadav @ Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67386 of 2022 Arising Out of PS. Case No.-407 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== UPENDRA YADAV @ UPENDRA KUMAR S/o Jawahar Yadav @ Jawahir Prasad Yadav R/v- Agarwa, P.S.- Jitna, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manjeet Kumar Mishra For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 307, 332, 337, 353, 504, 506 of the Indian Penal Code. The allegation against the petitioner is that he alongwith other co-accused persons assaulted the informant and other officials of S.S.B with several weapons.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the

Patna High Court CR. MISC. No.67386 of 2022(2) dt.25-02-2023 2/2 petitioner. The specific allegation is against co-accused Dinesh Yadav. He further submits that the injury was found to be simple in nature. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as considering the nature of injury, let the above named petitioner, be released on bail, in the event of his/her 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 Ghorasahan (Jitna) P.S. Case No.407 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T