← Library
Patna High CourtCR. MISC./70771/2023allowed

Bhim Yadav v. The State Of Bihar

2023-11-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70771 of 2023 Arising Out of PS. Case No.-309 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== Bhim Yadav S/O Radha Mohan Yadav R/O Village- Neur Pokhar, Repura Tola, P.S- Jagdishpur, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Mohan Tripathi For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2023 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, 379, 307, 34 of the Indian Penal Code.

3. As per the prosecution case, when the informant was going home after studying coaching, he saw that the children of his house were being beaten by the petitioner. When the informant went to save them, then petitioner hit the informant on his head by means of iron rod due to which the he became unconscious.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.70771 of 2023(2) dt.22-11-2023 2/2 specific rather general and omnibus in nature. He submits that the doctor has opined that the injury is simple in nature, a copy of the injury report is enclosed as Annexure-2 to this application. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the nature of the injury, 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 Jagdishpur P.S. Case No. 309 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T