Sonu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21066 of 2018 Arising Out of PS.Case No. -19 Year- 2018 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Sonu Yadav, S/o Shiv Bachan Yadav, Resident of Village- Kilani, P.S.- Chand District- Kaimur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjay Kumar Patel For the Opposite Party/s : Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Chand P.S. Case No. 19 of 2018 for the offences punishable under sections 457 and 380 of the I.P.C.
Allegedly, the petitioner entered into the house of the informant in the night and thereafter opened the box and scattered the articles and then he was caught by the informant resulting both started assaulting each other and both received injuries. Submission is of false implication, the prosecution story is not reliable and as a matter of fact the petitioner was caught hold by the prosecution party when he was going to attend
Patna High Court Cr.Misc. No.21066 of 2018 (2) dt.26-04-2018 2/2 the call of nature and he was badly assaulted by them for which Chand P.S. Case No. 20 of 2018 has been lodged, the petitioner has got no criminal antecedent and as such he deserves sympathetic consideration.
The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.
In the facts and circumstances stated above, considering that the informant and the petitioner both have received injuries, there is case and counter case, in the FIR of this case there is allegation that the petitioner was handed over to the Chaukidar and was brought at the police station but the petitioner has not been arrested rather he has signed on the FIR of Chand P.S. Case No. 20 of 2018, vide Annexue-2, and as such the petitioner, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M, Bhabua in connection with the aforementioned case, subject to the conditions as laid down under section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T