Nitish Yadav @ Bichuni Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70822 of 2022 Arising Out of PS. Case No.-297 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== NITISH YADAV @ BICHUNI YADAV S/o Bihari Yadav R/o VillageShivpur, P.S.- Shahpur, Distt- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Kumar Singh For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 379 and 504/34 of the Indian Penal Code pending in the learned court below.
Allegation against the petitioner is that he along with other co-accused is said to have assaulted the informant by means of lathi and knife due to which the informant fell down. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the date of occurrence is 13.08.2022 and the date of complain is 16.08.2022 i.e. after three day and there is no any explanation for the delay in
Patna High Court CR. MISC. No.70822 of 2022(2) dt.28-02-2023 2/2 lodging of the present F.I.R. He submits that the injuries found upon the victim are simple in nature. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Shahpur P.S. Case No.297/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T