Sonu Kumar @ Tani Yadav @ Teni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70112 of 2023 Arising Out of PS. Case No.-45 Year-2023 Thana- KHIJARSARAI District- Gaya ====================================================== Sonu Kumar @ Tani Yadav @ Teni Yadav Son of Rambali Yadav Resident of Village- Sisawar, Ps- Khijar Sarai, Dist- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Khijar Sarai P.S. Case No. 45/2023 registered for the offences punishable under Sections 147, 341, 323, 308, 379, 354, 337, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, some miscreants were dancing and playing indecent songs on D.J. in front of informant's house and it is alleged that when informant's family protested the same, petitioner and others started pelting bricks and stones on them as a result of which informant's family members sustained injuries.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.70112 of 2023(2) dt.02-11-2023 2/3 in the FIR and he has falsely been implicated in this case. The petitioner bears no criminal antecedent. He further submits that the petitioner is not apprehended on the spot and there is no specific allegation against the petitioner. He further submits that so far as the name of petitioner is concerned the same has been added subsequently in the middle portion of written report which is clearly visible from the written report itself as the name of petitioner has been added with the black ink which is also different from the writing of words in written report. In the light of aforesaid facts and circumstances of the case, no case is made out against the petitioner under the aforesaid sections.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Gaya in

Patna High Court CR. MISC. No.70112 of 2023(2) dt.02-11-2023 3/3 connection with Khijar Sarai P.S. Case No. 45/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T