← Library
Patna High CourtCR. MISC./71209/2022allowed

Indrapal Yadav @ Indrapal Kumar Yadav v. The State Of Bihar

2023-05-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71209 of 2022 Arising Out of PS. Case No.-172 Year-2022 Thana- PANDAUL District- Madhubani ====================================================== INDRAPAL YADAV @ INDRAPAL KUMAR YADAV SON OF BECHAN YADAV R/O VILLAGE- MAHINATHPUR NAWTOLI, P.S.- RAJNAGAR, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Vinod Kumar Mr. Ravi Prakash Mr. Udyeshya Kumar Yadav Mr. Rajesh Kumar For the Opposite Party/s :

Mrs. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 308, 354, 379, 504, 34 of the Indian Penal Code.

Allegedly, the petitioner alongwith other co-accused persons assaulted the informant's side by means of several weapons. It is also alleged that the petitioner snatched the mangalsutra of the wife of the informant and also tore her clothes.

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

Patna High Court CR. MISC. No.71209 of 2022(3) dt.08-05-2023 2/2 the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that there is an admitted land dispute between the parties. The specific allegation is against co-accused Ramdut Yadav and Daya Rani Devi. There is no specific overt act against the petitioner. 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 as there is no specific overt act against the petitioner, 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 Pandaul P.S. Case No.172 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