Patna High CourtCR. MISC./75554/2023bail granted

Bipin Yadav v. The State Of Bihar

2023-12-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75554 of 2023 Arising Out of PS. Case No.-748 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== BIPIN YADAV Son of Raj Kishor @ Gholat Yadav R/o vill - Laxminiya, ward no. 5, P.S. - Ghailarh, Distt. - Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisuzzoha, Advocate Mr. Rabia Gulnaz, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Madhepura (Ghailarh OP) P.S. Case No. 748 of 2023 dated 18.07.2023 registered for the offence/s punishable u/ss 341, 323, 324, 307, 379, 504 and 506 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is alleged to have assaulted with spade on the head of the informant causing injury thereafter, the co-accused Sanoj Yadav and

Patna High Court CR. MISC. No.75554 of 2023(2) dt.12-12-2023 2/3 Manoj Yadav assaulted the informant with lathi and fatta on his legs and hands and the accused, Manoj Yadav also snatched a golden chain from the neck of the informant.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is delay of three days in lodging the FIR. There is land dispute between the parties. Learned counsel has further submitted that as per annexure-2 the injuries are simple in nature caused by hard and blunt substance. The petitioner is also accused in one more criminal case and he is on bail in the said case as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the fact the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Madhepura in connection with Madhepura (Ghailarh OP) P.S. Case No. 748 of 2023, subject to conditions as laid down under section 438(2) of

Patna High Court CR. MISC. No.75554 of 2023(2) dt.12-12-2023 3/3 the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T