Tribhuwan Yadav @ Bhuwan Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58028 of 2018 Arising Out of PS.Case No. -303 Year- 2018 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Tribhuwan Yadav @ Bhuwan Raj, Son of Late Vijay Yadav, resident of Village - Baluachak, Police Station - Jagdishpur, District - Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar, Advocate. For the Opposite Party : Mr. Ahtash Ali Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 341, 323, 504, 325, 307 and 379/34 of the IPC.

The prosecution story, in brief, is that on 10.06.2018 at 5.30 P.M. son of the informant Neeraj Chaudhary alongwith Subham Tiwari was going on Motorcycle to Baluachak. In the meantime, three miscreants attacked with Hockey and rod with an intention to kill them. Neeraj Chaudhary after getting assault became unconscious and Shubham Tiwari fled away. They also snatched chain and cash from Neeraj Chaudhary. Out of them, one of the miscreants, namely, Tribhuwan Yadav (petitioner) was

Patna High Court Cr.Misc. No.58028 of 2018 (3) dt.08-10-2018 2/2 identified.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made. Injury is on non-vital part of the body. Hence, no offence under Section 307 of the IPC is made out in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhagalpur, in connection with Jagdishpur P.S. Case No. 303/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T