Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62664 of 2019 Arising Out of PS. Case No.-51 Year-2019 Thana- GUTHANI District- Siwan ====================================================== ARVIND YADAV Son of Satyendra Yadav Resident of Village - Mamaur, P.S.- Guthani, Distt - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2019 Heard both sides.

The petitioner apprehends his arrest in Guthani P.S. Case No.51 of 2019 registered under Sections 307, 379, 504, 506 and other sections of the Indian Penal Code. The informant named five persons including the petitioner and alleged that Krishna Yadav assaulted the informant with farsa on her head and when Balindra came to save, Akhilesh Yadav assaulted him with iron rod causing head injury. Ashok Yadav assaulted Bhola with lathi on his head. Sumit and petitioner are alleged to have assaulted Lalmati Devi and others. Arvind Yadav (petitioner) is further alleged to have snatched a chain made of gold worth Rs.35,000/- from possession of Lalmati Devi.

Learned counsel for the petitioner submits that there

Patna High Court CR. MISC. No.62664 of 2019(2) dt.18-10-2019 2/3 is a counter version being Guthani P.S. Case No.52 of 2019. Petitioner and Sumit are alleged to have assaulted Lalmati Devi and others but Lalmati Devi did not receive any injury. The informant sustained grievous injury on her head but the author of the injury is Krishna Yadav. Similarly Balindra got injury on his head which is attributed to Akhilesh Yadav and Ashok Yadav assaulted Bhola Yadav. Similarly situated co-accused Sumit has already been granted anticipatory bail by order dated 24.09.2019 passed in Cr.Misc.No.60247 of 2019.

It appears that there is a case and counter case. The petitioner is of course named in the F.I.R. but the petitioner and Sumit are alleged to have assaulted Lalmati Devi and others but no corresponding injury was found on the body of Lalmati Devi and others. Similarly situated co-accused Sumit has already been granted anticipatory bail by a coordinate bench of this court.

Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.62664 of 2019(2) dt.18-10-2019 3/3 satisfaction of learned C.J.M., Siwan in connection with Guthani P.S. Case No.51 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T