Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78820 of 2024 Arising Out of PS. Case No.-119 Year-2019 Thana- CHANDRAMANDI District- Jamui ====================================================== Ashok Yadav Son of Ramdhari Yadav Resident of Village- Baliadabar, P.SChandramandih, District- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Amrendra Kumar, Advocate For the State :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 148, 149, 323, 326, 307 and 447 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, while the informant was ploughing his field, in the meantime, co-accused Meghan Yadav came there and started abusing and upon protest, he assaulted informant by means of iron rod. It is further alleged that all the accused persons named in the F.I.R., including this petitioner, assaulted informant and his family members.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.78820 of 2024(2) dt.19-03-2025 2/3 behalf of the petitioner that petitioner is innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of assault is against co-accused Meghan Yadav. So far as this petitioner is concerned, allegation of assault is general and omnibus and there is no specific accusation of overt act. There is case and counter-case between the parties. It is further submitted that doctor has found the injuries, allegedly caused by the accused persons, to be simple in nature. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, general and omnibus nature of accusation, nature of injuries sustained by the injured and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui in connection
Patna High Court CR. MISC. No.78820 of 2024(2) dt.19-03-2025 3/3 with Chandramandih P.S. Case No. 119 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T