← Library
Patna High CourtCR. MISC./69986/2022allowed

Shyam Babu Yadav @ Shyamdeo Yadav v. The State Of Bihar

2023-02-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69986 of 2022 Arising Out of PS. Case No.-160 Year-2022 Thana- RANIYATALAB District- Patna ====================================================== SHYAM BABU YADAV @ SHYAMDEO YADAV S/o Late Harakh Nath Yadav R/o Village- Saidabad, P.S.- Rani Talab, Distt- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudish Kumar For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 341, 323, 385, 379, 504 of the Indian Penal Code and 27 of Arms Act. As per the prosecution case, while the informant went to his land with tractor for ploughing, the petitioner alongwith other accused persons assaulted the driver of the said tractor by means of 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.69986 of 2022(2) dt.28-02-2023 2/2 petitioner. There is an admitted land dispute between the parties and a title suit bearing title suit no.1236 of 1982 is pending between the parties in the learned Court below. 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, 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 Rani Talab P.S. Case No.160 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T